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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- EIGHTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 14, A. D.
1975
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A. D.
1976
PART II
VOLUME LX

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY-EIGHTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 14, A.D.
1975
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A.D.
1976
PART II
VOLUME LX
CHAPTER 440
FORMERLY HOUSE BILL NO. 989
AN ACT TO AMEND CHAPTER 51, TITLE 30,
DELAWARE CODE, RELATING TO REPORT DUE
DATE OF DISTRIBUTORS AND SPECIAL FUEL
USERS AND DEALERS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend §5113(a) and (b) of Chapter 51,
Title 30, Delaware Code by striking the words "next to the
last business" as the same appears in said Sections and
substituting in lieu thereof the words "the twenty-fifth
(25th)".
Section 2. Amend §5113(d) of Chapter 51, Title 30,
Delaware Code by striking said paragraph (d) in its entirety
and substituting in lieu thereof a new paragraph (d) to read
as follows:
The monthly statements or payments of tax as pro-vided
in §5114 of this Title, shall be considered to have been
duly and timely filed if such statements or payments are
deposited in the United States Mail with postage prepaid on
or before the twenty-fifth (25th) day of a given calendar
month; provided, however, that for good cause the Depart-ment
of Public Safety may grant a Licensee a reasonable ex-tension
of time."
Section 3. Amend §5113 of Chapter 51, Title 30,
Delaware Code by adding thereto a new paragraph to be
designated as paragraph (e) which new paragraph shall read
as follows:
When the twenty-fifth (25th) day of a given month
falls on a weekend or State Holiday, the due date of the
statement and tax shall be the next following business day of
the State."
1249
1250 Chapter 440
Section 4. Amend §5136(a) of Chapter 51, Title 30,
Delaware Code by striking the words "next to the last
business", as the same appears in the first paragraph of said
Section and substituting in lieu thereof the words "twenty-fifth
(25th)".
Section 5. Amend §5136(a) of Chapter 51, Title 30,
Delaware Code by striking the second paragraph in its entire-ty
commencing with the words "Such reports...", and en-ding
with the words, "extension of time" and substituting in
lieu thereof a new paragraph to read as follows:
"Such report and payment will be considered to have
been duly and timely filed if such report or payment is
deposited in the United States Mail with postage prepaid on
or before the twenty-fifth (25th) day of a given calendar
month; provided, however, that for good cause the Depart-ment
of Public Safety may grant a Licensee a reasonable ex-tension
of time."
Section 6. Amend §5136(a) of Chapter 51, Title 30,
Delaware by adding thereto a new paragraph to read as
follows:
"When the twenty-fifth (25th) day of the month falls on
a weekend or State Holiday, the due date of the report and
tax shall be the next following business day of the State."
Approved June 4,1976
CHAPTER 441
FORMERLY HOUSE BILL NO. 767
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 27, PART 1, TITLE 18
OF THE DELAWARE CODE RELATING TO IN-SURANCE:
AND PROVIDING BASIC READIBILI-TY
REQUIREMENTS FOR AUTOMOBILE IN-SURANCE
POLICY FORMS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend Chapter 27, Part 1, Title 18 of
the Delaware Code by designating all of the present Chapter
as Subchapter 1, entitled: "INSURANCE CONTRACTS
GENERALLY".
Section 2. Amend Chapter 27, Part 1, Title 18,
Delaware Code by adding thereto a new subchapter,
designated as Subchapter II, to read as follows:
"SUBCHAPTER II. READABILITY OF AUTO-MOBILE
INSURANCE POLICY
FORMS
§2740. Statement of Policy.
It is the purpose of this Act to encourage the Commis-sioner
to promulgate regulations by October 15, 1976, which
assure that automobile insurance policies issued in Delaware,
after the effective date of said regulations, will be understan-dable
and readable by a person of average intelligence and
education; or, in the event of the failure of the Commis-sioner
to promulgate such regulations by October 15, 1976,
to establish certain basic minimum readability requirements
for automobile insurance policy forms. Accordingly, it is in-tended
that the provisions of Subchapter III of this Act shall
become effective only upon the failure of the Commissioner
1251
1252 Chapter 441
to promulgate such regulations by October 15, 1976.'"
"2741. Commissioner's Authority to Promulgate
Readability Rules and Regulations.
In addition to those general powers granted in §314
of Title 18, Delaware Code, the Commissioner is hereby
authorized and empowered to make rules and regulations to
the extent the Commissioner deems necessary to assure that
automobile insurance policy forms as described in §2742 of
this Chapter are readable and understandable by a person of
average intelligence and education; provided, however, that
such rules and regulations shall require, in the manner the
Commissioner deems appropriate, that all such automobile
insurance policy forms shall have a total 'readability score'
of 40 or more on the Flesch Scale, although forms with a
Flesch Test Score of less than 40 may be approved where the
length of sentences and words are sufficiently compensated
for by compliance with other standards set forth in such
rules and regulations.
The Commissioner shall adopt and promulgate
readability rules and regulations only after a hearing thereon
of which notice has been given to all persons subject to the
Commissioner's supervision under this Title who are to be
affected by the proposed rule or regulation. Any readability
rules and regulations so adopted and promulgated shall be
effective upon the date specified therein."
Section 3. Amend Chapter 27, Part I, Title 18, Delaware
Code, by adding thereto a new Subchapter, to be designated
as Subchapter Ill, only in the event the Commissioner does
not adopt and promulgate readability regulations by October
15, 1976, said Subchapter to read as follov,s:
"SUBCHAPTER III. BASIC READABILITY RE-QUIREMENTS
FOR AUTOMOBILE
INSURANCE POLICY FORMS
§2742. Applicability.
Chapter 441 1253
(a) The provisions of this subsection shall apply to all
policies providing automobile liability, medical payments,
physical damage or uninsured motorists' insurance on
private passenger automobiles owned or rented under a
long-term lease or contract by an individual, or husband and
wife who are resident in the same household on a specified
car basis. A 'private passenger automobile' for the purposes
of this Chapter includes the following:
A motor vehicle of the private passenger or station
wagon type which is neither used for transporting goods or
passengers for hire, nor rented to others without a driver.
A motor vehicle with a pick-up body, a delivery
sedan or panel truck, not customarily used in the occupa-tion,
profession or business of the insured other than farm-ing
or ranching. A motor vehicle used in the course of driv-ing
to or from work, which otherwise meets the eligibility re-quirements
of this definition, shall be classified as a private
passenger automobile.
An automobile owned by a farm family, co-partnership
or corporation which is principally garaged on a
farm or ranch and otherwise meets the definitions in
paragraph (1) or paragraph (2) of this subsection, shall be
considered a private passenger automobile owned by two or
more relatives resident in the same household.
(b) The requirements of this Subchapter shall apply to
all policy forms covering risks mentioned in this Section
received by the Insurance Department of this State for ap-proval.
Its requirements shall apply to all policy forms for
automobile insurance as defined in this section presently ap-proved
for use in Delaware.
§2743. Short Sentences.
Sentences shall be as short as possible. Sentence struc-ture
shall be primarily simple. Compound and complex
1254 Chapter 441
sentences shall be avoided wherever possible.
§2744. Simple Wording.
Policy forms are to be written in simple words. Each
word shall convey meanings clearly and directly. Legal soun-ding
words shall be avoided. Present tense and positive
statements shall be used wherever possible. Gerunds, par-ticiples
and infinitives shall be avoided. Words shall be used
in their commonly understood senses.
§2745. Definitions.
Definitions shall be limited to words which cannot be
properly explained or qualified in the text. Terms shall
reflect their defined meanings.
§2746. Index.
Policy forms shall include an index at the beginning
of the form. The index shall give a comprehensive listing of
policy parts in a logical sequence. Index listings shall clearly
state the contents of each section. The index shall be so ar-ranged
as to provide a useful guide to the use of the policy or
form.
The index shall, wherever possible, make the follow-ing
information easily available:
the person insured under each coverage;
the item covered under each coverage;
clearly state what is not covered under each
coverage, how such coverage is limited;
words requiring definition;
Chapter 441 1255
the procedure required of the insured in order to file
a claim under each coverage;
what the insured is required to do if sued;
all changes in the policy.
(c) If the index does not appear on the cover, the back
side of the cover, or on the first page after the cover, its loca-tion
shall be noted in large type on the cover page.
§2747. Introduction.
Policy forms shall be introduced by a brief explanation
of the fact that the policy is a contract between the company
and the policy holder.
§2748. Policy Structure.
For clarity, each coverage (in forms with two or more
coverages) shall be arranged separately with its related exclu-sions,
conditions and other provisions. Claim filing pro-cedures
shall either be stated in a separate section and keyed
to each coverage section or set forth in the section pertaining
to each coverage.
§2749. Legibility.
(a) The body text of the policy shall be printed in
Roman type at least as large as ten-point modern type, two
points leaded. The legibility shall be comparable to that of
Century type. No insurer, however, is required to use a
specific type-face as long as the type selected meets his stan-dard
of readability. The Insurance Department shall permit
the following type faces to be used, and they shall be deemed
as being as legible as Century type:
Aldine
1256 Chapter 441
Baskerville
Bodoni
Bodoni Book
Century Schoolbook
Journal
Press Roman
Times Roman
The use of any other type of type-face must first be approved
by the Insurance Commissioner.
The column width or line length of the body text of
the policy shall not exceed four inches per column. Margins
shall be adequate for purposes of readability.
The contrast and legibility of the color of ink and the
color of paper of the policy shall be substantially the
equivalent of that of black ink on white paper. Contract sec-tion
headings shall be in a contrasting color, contrasting
type-face and/or size.
§2750. Narrative or Outline Form.
Policy forms shall be prepared either in narrative or in
outline form. If the narrative form is used, frequent section
headings shall be used to permit ease in locating provisions.
If the outline form is used a maximum of three levels of divi-sion
shall be used. Care shall be taken to avoid fragmenta-tion
in the outline form.
§2751. Conditions.
Conditions shall be incorporated into the sections to
which they apply. Conditions relating to a specific coverage
;hall be included with that coverage. Conditions relating to
:laims procedures shall be included in a section on how to
rile a claim. The insurer shall avoid using a series of
inrelated conditions which relate to other parts of the policy
ndividually, or which could be combined in a section on
Chapter 441 1257
what the insured should do if sued, or on policy changes.
§2752. Testing.
Policy forms shall have a total 'readability score' of
40 or more on the Flesch Scale. Forms with a Flesch Test
Score of less than 40 may be approved where the length of
sentences and words are sufficiently compensated for by
compliance with other standards in this Subchapter.
A Flesch Test Score of 40 or more shall not permit
approval of a form which does not meet other standards in
this Subchapter.
§2753. Filing Requirements.
Policy forms filed for approval shall be accompanied by
a Flesch Readability Analysis and Test Score in accordance
with law or the rules and regulations of the Commissioner.
Where policy forms are filed as replacements for other
forms presently in use, copies of such forms are to accompany
the filing, for comparison purposes.
§2754. Approved Forms.
All forms presently approved by the Insurance Depart-ment
for insurance within the scope of this Subchapter are
subject to disapproval, unless they comply with the require-ment
set forth herein.
If presently approved forms are believed to be in com-pliance
with the requirements of this Subchapter, an insurer
may request confirmation from the Insurance Commis-sioner."
"§2755. Flesch Readability Analysis".
1258 Chapter 441
Readability is to be measured by the following pro-cedure:
Counting sentences. When counting sentences, only
full units of thought shall be considered, each ending with a
period, semicolon, or colon. Headings and subsection
numbers are not to be counted. Lists of items having only a
few words shall be disregarded completely.
Counting words. Contractions and hyphenated
words are to be counted as one word. So are numbers and
letters, if they are separated by spaces. For example.
"C.O.D." and "19" would each be considered one word.
Counting syllables. Syllables shall be counted in the
manner in which they are pronounced; each syllable of a
number or letter shall be counted. If there are two equally ac-ceptable
pronunications of a word, as shown by a disc-tionary,
the word having the fewer number of syllables shall
be used.
Each syllable is to be counted as a "word", and a
count shall be taken of each. The number of words and
syllables shall be totaled.
The total number of sentences, words and syllables
for each whole contract shall be added. The following equa-tions
shall apply:
Average sentence length. TToottaall nnuummbbeerr ooff sweonrtdesn ces
Average word length Total number of syllables
Total number of words
Flesch Reading Ease Score = 206.835 - (X + Y)
X = average sentence length X 1.015
Chapter 441 1259
B. Sampling.
The Commissioner may analyze a contract by the use of
sampling procedures in lieu of counting each sentence, word
and syllable. Each sample, however, mug contain 100 words
determined by including all sentences up to and including the
sentence ending after the 100-word mark. To ensure an un-biased
sample, the following procedure shall be used:
Samples shall not be used for small contracts of one
or two pages. Each small contract shall be analyzed totally as
a whole contract.
For policies over two pages, sampling shall be no less
than two samples per page.
In sampling, skip an equal number of printed lines
after each sample and start the next sample with the sentence
beginning after that point. To determine the number of lines
between samples, take two samples from the very first page,
and count how many lines are between them. For example, if
there are 50 printed lines between the first two samples, then
after each sample count 50 lines, and start the next sample
with the sentence beginning alter that 50-line point.
If a row of print is less than one-half the column of
print, shall not be counted.
C. Information on Readability
Each policy shall be analyzed by the insurer, subject to
review by the Insurance Department. For each policy
analyzed by the Flesch Readability Method, the following
shall be submitted to the Insurance Department.
1. If the whole contract is analyzed, please submit a
Y average word length X 84.6
1260 Chapter 441
summary of information for each sentence including number
of words and number of syllables. Also include calculation
of average sentence length, average word length, and the
Flesch Reading Ease Score.
If samples are used, the analysis shall include a
description of the sampling method (i.e., number of
samples, number of printed lines between samples, and a
marked copy of a policy indicating samples).
Include a summary of information for each sample,
such as number of sentences, number of words, and number
of syllables.
Include the calculation of average sentence length,
average word length, and Flesch Reading Ease Score.
Because of the effect of some words on readability, each
filing submitted shall list the number of times each of the
following words or phrases is used for calculating the Flesch
Score on each policy:
accident
automobile
bodily injury
company
insurance
liability
physicial damage
policy
property damage."
Section 4. The provisions of this Act included
within Subchapters I and II hereof shall become effective im-mediately
upon enactment into law. The provisions of this
Act included within Subchapter III hereof shall only take ef-fect
in the event that the Commissioner does not adopt and
promulgate readability regulations by October 15, 1976, in
which event the provisions of Subchapter III shall take effect
on October 15, 1977.
Approved June 4, 1976
CHAPTER 442
FORMERLY HOUSE BILL NO. 959
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 21, TITLE 21 OF THE
DELAWARE CODE RELATING TO INSPECTION
OF SMALL TRAILERS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend §2143, Chapter 21, Title 21 of the
Delaware Code by adding a new subsection (d) to said sec-tion,
which shall read as follows:
"(d) The Department shall waive the requirement for in-spection
for those small trailers with a gross weight of vehicle
and load of 4,000 pounds or less, which are not required to
be equipped with brakes."
Approved June 4, 1976
1261
1262
CHAPTER 443
FORMERLY HOUSE BILL NO. 995
AN ACT TO PROVIDE A SUPPLEMENTARY AP-PROPRIATION
TO THE PUBLIC DEFENDER OF
THE STATE OF DELAWARE.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The sum of twenty-seven thousand nine
hundred fifty eight dollars and sixty cents ($27,958.60) is
hereby appropriated to the Public Defender of the State of
Delaware for the payment of past-due and existing bills for
trial transcripts, psychological examinations and phychiatric
examinations performed in the fiscal year 1974-1975.
Section 2. The sum of twenty-five thousand dollars
($25,000.00) is hereby appropriated to the Public Defender
of the State of Delaware for the payment of existing and an-ticipated
bills for trial transcripts, phychological and
psychiatric examinations performed in the fiscal year
1975-76.
Section 3. This Act is a supplementary appropria-tion
act and the funds hereby appropriated shall be paid
from the General Fund of the State Treasury from moneys
not otherwise appropriated.
Section 4. The funds so appropriated shall be used
only for the purposes herein specified, and any funds ap-propriated
but unexpended by July 1, 1976, shall thereupon
revert to the General Fund of the State Treasury.
Approved June 4, 1976
CHAPTER 444
FORMERLY SENATE BILL NO. 635
AN ACT TO AMEND PART VI, CHAPTER 61, TITLE
29, DELAWARE CODE, RELATING TO FUNDS
RECEIVED FROM STATE OPERATED HOUSING
PROJECTS UNDER THE AUSPICES OF THE
DELAWARE STATE HOUSING AUTHORITY OR
THE DEPARTMENT OF COMMUNITY AFFAIRS
AND ECONOMIC DEVELOPMENT.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend §6102 of Part VI, Chapter 61, Ti-tle
29, Delaware Code, by adding thereto a new paragraph to
be designated as paragraph (h) which new paragraph shall
read as follows:
"(h) Nothing in this Chapter shall be construed to
deprive the Delaware State Housing Authority or the
Department of Community Affairs and Economic Develop-ment
of the right to receive and expend, for operating costs,
replacements, and maintenance, rental and operating income
from housing managed by said Authority or Department and
to maintain separate internal funds accounts and reserve ac-counts
for such purposes."
Approved June 4, 1976
1263
1264
CHAPTER 445
FORMERLY HOUSE BILL NO. 473
AN ACT TO AMEND CHAPTER 5, TITLE 11 OF THE
DELAWARE CODE PERTAINING TO THE CRIME
OF OBSCENITY AND PROVIDING PENALTIES
THEREFORE.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend Section 1361, Subpart C, Chapter
5, Part I, Title 11 of the Delaware Code by adding a new
sentence at the end thereof to read as follows:
"Any person convicted of obscenity shall, in addition to
the penalties set forth in this Title, for a period of one (1)
year have suspended his business license(s) for that business
from which the conviction of obscenity arose."
Approved June 4, 1976
1265
CHAPTER 446
FORMERLY SENATE BILL NO. 555
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 1 AND CHAPTER 3,
TITLE 15 OF THE DELAWARE CODE RELATING
TO THE DEFINITIONS OF "PARTY" OR
"POLITICAL PARTY" AND OF "PRIMARY
ELECTION"; AND PROVIDING FOR THE SUP-PLYING
OF VOTER LISTS TO POLITICAL PARTY
CHAIRMEN AND OTHER PERSONS.
Be it enacted by the General Assembly of the S i of
Delaware:
Section 1. Amend §101, Chapter 1, Title 15,
Delaware Code, by striking subsection (13) of said section in
its entirety and inserting in lieu thereof the following:
'(13) 'Party' or political party' means any political par-ty
or political organization which electes delegates who par-ticipate
in the national convention of a political party,
nominates candidates for electors of President and Vice-
President, United States Senator, Representative in Con-gress,
Governor, and other offices to be presented on the
ballot throughout the State, elects a State committee and of-ficers
of a State committee by a State convention composed
of delegates elected from each representative district in
which the party has registered members and, unless it
qualified and appeared on the general election ballot of this
State for the preceding Presidential election year of 1972, the
party or organization meets one or more of the following
qualifications:
(a) the number of voters registered in the name of the
party is equal to at least one percent (1°7o) of the total
number of voters registered in the State;
1266 Chapter 446
in the preceding general election, any Statewide can-didate
of the party received at least two percent (2%) of the
total vote cast throughout the State for that office;
no later than August 15th of a general election year,
petitions are filed certifying that the party exists and signed
by a number of registered voters not less than one percent
(1%) of the total number of registered voters of the State.
These petitions shall be prepared within the period of
January 1st to August 15th of a general election year and
shall contain the full name and address of each signer and
the date upon which he signed. Each registered voter signing
shall do so upon a petition prepared for the county in which
he is registered, and the petition shall be filed with the
Department of Elections for that county. Each Department
shall certify those petitions submitted to it and the names of
the registered voters signing the petitions as valid. The cer-tification
of all Departments receiving petitions shall be
necessary for a party to exist."
Section 2. Amend §101, Chapter 1, Title 15 of the
Delaware Code by striking subsection (15) of said section in
its entirety and inserting in lieu thereof the following:
"(15) 'Primary election' means an election by voters
who are registered members of any political party which,
upon the date set by law for the filing of candidates for
nomination at a primary election, has enrolled at least one
percent (1%) of the total number of registered voters of this
State."
Section 3. Amend subsection (a), Section 307,
Chapter 3, Title 15 of the Delaware Code by striking the se-cond
sentence of said subsection, which begins with the
words "Eight copies of each list", in its entirety and inser-ting
in lieu thereof the following:
"Eight copies of each list shall be supplied without
charge to each political party whose registered members
Chapter 446 1267
equal at least 1% of the total number of registered voters of
this State."
Approved June 7, 1976
1268
CHAPTER 447
FORMERLY SENATE BILL NO. 556
AS AMENDED BY SENATE AMENDMENT NO. 1
AND HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 33, TITLE 15 OF THE
DELAWARE CODE RELATING TO THE NOMINA-TIONS
OF CANDIDATES BY PARTIES; AND PRO-VIDING
A SUPPLEMENTARY APPROPRIATION
TO VARIOUS DEPARTMENTS OF ELECTION.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend §3301, Chapter 33, Title 15 of the
Delaware Code by striking subsection (a) of said section in
its entirety and substituting in lieu thereof the following:
The nominations of the candidates for electors of
President and Vice President of the United States (together
with the names of the candidates for President and Vice
President) and for the United States Senator, Representative
in Congress, Governor and all other State offices shall be
certified to the State Election Commissioner by the presiding
officer and secretary of the State convention or committee of
each political party eligible to place candidates upon the
ballot. The Commissioner shall forthwith send copies of
each certificate of nomination to each county Department of
Elections."
Section 2. Amend §3301, Chapter 33, Part III, Title
15 of the Delaware Code by striking subsection (b) alk
subsection (c), and substituting in lieu thereof the following:
The nominations of the candidates for Stat(
Senator, State Representative, and the various county office:
shall be certified to the Department of Election for the coun
ty in which the contests are to be held, by the presiding of
Chapter 447 1269
ficer and secretary of the county committee of each political
party eligible to place candidates upon the ballot. Each
Department shall forthwith send copies of each certificate of
nomination to the State Election Commissioner."
Section 3. Amend §3301, Chapter 33, Part III, Title
15 of the Delaware Code by striking subsection (g) of said
section in its entirety and inserting in lieu thereof the follow-ing:
"(g) The State Election Commissioner shall see to it that
the nominations of candidates submitted to him and the
eligibility of each political party to make such nominations
conform to those requirements set forth in this Title. Each
county Department of Elections shall perform the same duty
concerning those certificates of nomination submitted to it."
Section 4. Amend §3301, Chapter 33, Part III, Title
15 of the Delaware Code by re-designating present subsec-tion
(d) as new subsection (c), and by re-designating each
succeeding section accordingly.
Section 5. Amend subsection (a), Section 3302,
Chapter 33, Title 15 of the Delaware Code by striking the
words "clerks of the peace" as the same appear in said
subsection, and inserting in lieu thereof the words "county
departments of election".
Section 6. Amend subsection (b), Section 3302,
Chapter 33, Title 15 of the Delaware Code by striking the
words "assemble in the office of the clerk of the peace at
Dover" as the same appear in said subsection, and inserting
in lieu thereof the words "assemble in Dover, with the State
Election Commissioner presiding and having the right to
vote in event of a tie,".
Section 7. Amend §3302, Chapter 33, Part III, Title
15 of the Delaware Code by striking the words "Clerks of
the Peace" wherever they appear in subsection (b) and
1270 Chapter 447
substituting the words "Department of Election" in lieu
thereof; by striking the words "Clerk of the Peace"
wherever the same may appear in subsection (b), and
substituting "Department of Elections" in lieu thereof; and
by striking the word "himself" wherever the same appears in
subsection (b), and substituting the word "itself" in lieu
thereof.
Section 8. Amend §3303, Chapter 33, Part III, Title
15 of the Delaware Code by striking the words "Secretary of
State or the clerks of the peace," as the same appear in the first
sentence of said section, and inserting in lieu thereof the
words "State Election Commissioner or the Department of
Election,".
Section 9. Amend §3304, Chapter 33, Part III, Title
15 of the Delaware Code by striking the words "Secretary of
State" wherever the same appear in said section, and inser-ting
in lieu thereof the words "State Election Commis-sioner";
and by striking the words "clerk of the peace" as
the same appear in said section, and inserting in lieu thereof
the words "Department of Election".
Section 10. Amend §3305, Chapter 33, Part III, Ti-tle
15 of the Delaware Code by striking the words "Secretary
of State and the clerks of peace" as the same appear in said
section and inserting in lieu thereof the words "State Elec-tion
Commissioner and the Departments of Election".
Section 11. Amend §3307, Chapter 33, Part III, Ti-tle
15 of the Delaware Code by striking the words "clerk of
the peace" and "clerks of the peace" wherever the same ap-pear
in said section, and inserting in lieu thereof the words
"department of elections" and "departments of election",
respectively.
Approved June 7,1976
CHAPTER 448
FORMERLY HOUSE BILL NO. 1004
AN ACT TO AMEND CHAPTER 80, TITLE 29,
DELAWARE CODE, RELATING TO HIRING OF
SEASONAL EMPLOYEES BY THE DEPARTMENT
OF NATURAL RESOURCES AND ENVIRONMEN-TAL
CONTROL.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend §8003, Chapter 80, Title 29,
Delaware Code by striking paragraph (3) of said section in its
entirety and substituting in lieu thereof a new paragraph (3)
to read as follows:
"(3) Appoint such additional personnel as may be
necessary for the administration and operation of the
Department. Those positions in the classified service shall be
hired through the Office of Personnel. Those positions not
in the classified service shall not be hired through the
Office of Personnel and shall not receive an appointment
exceeding 180 days in any calendar year. No pro rata share
of employee administration costs shall be paid to the Office
of Personnel."
Approved June 7, 1976
1271
1272
CHAPTER 449
FORMERLY SENATE BILL NO. 577
AN ACT TO AMEND TITLE 10, TITLE 11, TITLE 14
AND TITLE 31 OF THE DELAWARE CODE
RELATING TO PARENTS AND CHILDREN; AND
PROVIDING CRITERIA IN CERTAIN CASES FOR
THE DEFINITION OF TRUANT BEHAVIOR AND
TRUANCY.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend §901, Chapter 9, Part I, Title 10
of the Delaware Code by adding thereto a new subsection,
designated as subsection (14), which new subsection shall
read as follows:
"(14) 'Truancy' or 'truant' shall refer to a child who has
been absent from school without valid excuse for more than
three days, or who has had an unreasonable amount of inter-mittent
attendance or tardiness without valid excuse. If a
parent, to ensure the safety and welfare of his child, fails to
cause the child to attend school, such child is not truant."
Section 2. Amend §1103, Chapter 5, Part I, Title 11
of the Delaware Code by adding thereto a new subsection,
designated as subsection (c), which new subsection shall read
as follows:
"(c) 'Truancy' or 'truant' shall refer to a child who has
been absent from school without valid excuse for more than
three days, or who has had an unreasonable amount of inter-mittent
attendance or tardiness without valid excuse. If a
parent, to ensure the safety and welfare of his child, fails to
cause the child to attend school, such child is not truant."
Section 3. Amend §2702, Chapter 27, Part II, Title
Chapter 449 1273
14 of the Delaware Code by striking said section in its entire-ty
and substituting in lieu thereof the following:
"§2702. Compulsory Attendance Requirements.
Except as otherwise set forth in this section, every
person in the State having control of a child between six
years of age and sixteen years of age shall send such child to
a free public school, in the district of the residence of the
parents, except as determined in accordance with Chapter 6
of this Title, and shall send the child to such school each day
of the minimum school term of 180 days beginning on the
first day of the school year of the calendar year in which the
child reaches six years of age, unless the local school
authorites determine that such beginning is not in the best in-terests
of the child.
If a parent, to ensure the safety and welfare of the
child fails to cause the child to attend school, such child is
not a truant."
Section 4. Amend §2706, Chapter 27, Part II, Title
14 of the Delaware Code by striking said section in its entire-ty,
and substituting in lieu thereof the following:
"§2706. Absences and Truancy.
Subject to the rules and regulations of the local school
board, pupils enrolled in the free public schools may be ex-cused
by the Superintendent of Schools or persons
authorized by him.
If a parent, to ensure the safety and welfare of his child,
fails to cause the child to attend school, such child is not
truant. Except as otherwise stated in this section, 'truancy'
or 'truant' shall refer to a child who has been absent from
school without valid excuse for more than three days, or who
has had un unreasonable amount of intermittent attendance
or tardiness without valid excuse."
1274 Chapter 449
Section 5. Amend §2711, Chapter 27, Part II, Title
14 of the Delaware Code by striking said section in its entire-ty.
Section 6. Amend §301, Chapter 3, Part I, Title 31
of the Delaware Code by adding thereto a new subsection,
designated as subsection (4), which new subsection shall read
as follows:
"(4) 'Truancy' or 'truant' shall refer to a child who has
been absent from school without valid excuse for more than
three days, or who has had an unreasonable amount of inter-mittent
attendance or tardiness without valid excuse. If a
parent, to ensure the safety and welfare of his child, fails to
cause the child to attend school, such child is not truant."
Approved June 10, 1976
CHAPTER 450
FORMERLY SENATE BILL NO. 609
AN ACT TO AMEND CHAPTER 1 OF TITLE 17,
DELAWARE CODE, RELATING TO GENERAL
JURISDICTION OF THE DEPARTMENT OF
HIGHWAYS AND TRANSPORTATION.
WHEREAS, the 128th General Assembly passed in
its First Session and Governor Tribbitt signed an Act
to amend Chapter I, Title 17 of the Delaware Code
(Senate Bill No. 313); and
WHEREAS, paragraph (g) of this Act required the
Department of Highways and Transportation, Division of
Highways, upon dedication of the right of way to public
use, to maintain, repair and reconstruct all roads and
streets situated in unincorporated suburban communities
which were built between July 1, 1951, and July 1, 1975;
and
WHEREAS, a specific deadline in which to dedicate
or remain private was never included in such legislation as
well as funds to effectuate any repairs or maintenance on
such dedicated roads; and
WHEREAS, the omission of a time schedule and the
necessary funds places undue hardship upon the Depart-ment
as to work schedules and availability of materials;
and
WHEREAS, the lack of a time element allows private
suburban communities with good streets at present to wait
until they are in poor shape for decision making which
necessitates excessive amounts for proper maintenance to
be expended.
NOW, THEREFORE:
1275
I 276 Chapter 450
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend §131(g) of Chapter 1, Title 17,
Delaware Code, by adding thereto a new sentence to read
as follows:
"Dedication of the right-of-way must occur prior to
June 30, 1978, to qualify for the aforementioned respon-sibilities
under the auspices of this section."
Approved June 10, 1976
CHAPTER 451
FORMERLY HOUSE BILL NO. 604
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 4, TITLE 21,
DELAWARE CODE, RELATING TO RECIPROCI-TY
AGREEMENTS FOR DRIVERS' LICENSES.
Be it enacted by the General Assembly of the State
of Delaware:
Section 1. Amend §40I, Title 21, Delaware Code,
by designating the existing paragraph as paragraph (a).
Section 2. Further amend §401, Title 21, Delaware
Code, by adding the following new paragraph to be
designated as paragraph (b):
"(b) The Secretary of Public Safety may enter into an
agreement or arrangement with the duly authorized
representatives of another jurisdiction, granting to licensed
drivers who are properly licensed in such jurisdictions and
for which evidence of compliance is supplied, benefits,
privileges and exemptions of a similar kind or to a similar
degree as are extended to drivers properly licensed in this
State.
Each such agreement or arrangement shall, in the
judgment of the Secretary of Public Safety, be in the best
interest of this State and the citizens thereof and all of the
same shall be determined on the basis and recognition of
the benefits which accrue to the economy of this State
from the uninterrupted flow of commerce."
Section 3. Amend §404, Title 21, Delaware Code,
by inserting the words "or licensed drivers" after the
words "properly registered or licensed" and before the
words "in such other jurisdiction".
1277
1278 Chapter 451
Section 4. Amend §407, Title 21, Delaware Code,
by inserting the words "or a driver" after the words "to a
vehicle" and before the words "which is in violation".
Section 5. Amend §409, Title 21, Delaware Code,
by inserting the words "or driver" after the words "All
reciprocity registration" and before the words
"agreements, arrangements".
Section 6. Further amend §409, Title 21, Delaware
Code, by inserting the words "or drivers" after the words
"relating to vehicles" and before the words "in force".
Approved June 10, 1976
CHAPTER 452
FORMERLY SENATE BILL NO. 126
AS AMENDED BY SENATE AMENDENT NOS. 1,2,3
AN ACT TO AMEND SUBCHAPTER 1 OF CHAPTER
1, TITLE 26, DELAWARE CODE, RELATING TO
DISCONTINUANCE OF GAS, WATER, OR ELEC-TRIC
SERVICE BY PUBLIC UTILITIES.
Be it enacted by the General Assembly of the State of
Delaware (Two-thirds of all members elected to each
House thereof concurring therein):
Section 1. Amend Subchapter 1 of Chapter 1, Ti-tle
26, Delaware Code, by adding thereto a new section to
be designated as §117 to read as follows:
§117. Prohibitions.
Definitions (1) For purposes of this section, "Per-son"
shall include, but not limited to, any individual, cor-poration,
partnership, association or join stock company.
(2) For purposes of this section, "Employee" shall in-clude,
but not limited to; (i) any person who is an
employee of such utility authorized to accept payment for
sales and services; (ii) the individual who is to terminate
such sale or service.
No person who engages in the distribution and
sale of gas, water or electricity for use or consumption in
any dwelling unit shall discontinue service or sale thereof
due to nonpayment of past charges for such service or sale
to the occupants of that dwelling unit and owed by the oc-cupants
thereof without at least 72 hours notice to said oc-cupants
of intention to so terminate, except as otherwise
provided by this section.
1279
1280 Chapter 452
In no event shall such termination occur between
12 o'clock Noon on any Friday and 12 o'clock Noon on
the succeeding Monday, unless such utility provides
facilities for payment and restoration of such services at
all times during such period. Should Friday be a legal,
state or national holiday, the last preceding business day
shall be substituted for Friday. Should Monday be a state
or national legal holiday, the next succeeding business day
shall be substituted for Monday.
In no event shall such termination occur if any oc-cupant
of any dwelling unit shall be so ill that the termina-tion
of such sale or service shall adversely affect his health
or recovery, which has been so certified by a statement
from any duly licensed physician of this State or any ac-credited
Christian Science practitioner and received by any
employee or officer of such person engaging in the
distribution or sale of gas, water, or electricity.
Violation of this section shall constitute a misde-meanor.
Approved June 11, 1976
CHAPTER 453
FORMERLY SENATE BILL NO. 531
AN ACT TO AMEND CHAPTER 34, VOLUME 58,
LAWS OF DELAWARE, BEING AN ACT EN-TITLED:
"AN ACT TO REINCORPORATE THE
TOWN OF BLADES", RELATING TO PROVI-SIONS
FOR VOTING IN AN ANNEXATION
ELECTION.
Be it enacted by the General Assembly of the State of
Delaware (two-thirds of all members elected to each House
thereof concurring therein):
Section 1. Amend Section 3 (e) of Chapter 34,
Volume 58, Laws of Delaware, by inserting a period (.)
immediately after the word "vote" and further striking all
remaining language beginning with the word "for" and
ending with the word "annexed" as the same appears in
the first sentence of said paragraph (e).
Section 2. Amend Section 3 (e) of Chapter 34,
Volume 58, Laws of Delaware by inserting a period (.) im-mediately
following the word "vote" and further striking
all remaining language beginning with the word "for" and
ending with the word "assessment" as the same appears in
the third sentence of said paragraph (e).
Approved June 11, 1976
1281
1282
CHAPTER 454
FORMERLY SENATE BILL NO. 614
AN ACT TO REPEAL CHAPTER 312, VOLUME 60,
LAWS OF DELAWARE AND TO AMEND
CHAPTER 216, VOLUME 27, LAWS OF
DELAWARE ENTITLED: "AN ACT AMENDING,
REVISING AND CONSOLIDATING THE
CHARTER OF THE CITY OF NEW CASTLE".
Be it enacted by the General Assembly of the State of
Delaware (two-thirds of all members elected to each house
concurring therein):
Section 1. Chapter 312, Volume 60, Laws of
Delaware is hereby repealed.
Section 2. Amend Chapter 216, Volume 27, Laws
of Delaware by striking section 18 thereof in its entirety
and substituting in lieu thereof the following:
"Section 18. The Council shall have power and
authority to appropriate out of the Treasury, by ordinance
or resolution passed by a majority of all members, all
sums of money necessary to carry on the government of
the City and defray the expenses thereof, and the said
Council shall fix and determine the salary or compensation
to be paid to the Treasurer, Police Constables, and all
other persons in the employ of the said City. The Mayor
shall receive as compensation or emolument for his ser-vices
as Mayor the sum of Twelve Hundred Dollars per
year. The President of the Council shall receive as com-pensation
or emolument for his or her services as Presi-dent
the sum of Eleven Hundred Dollars per year. Each
member, other than the President of the said Council,
shall receive One Thousand Dollars per year as compensa-tion,
and emolument for his or her services."
Approved June 11, 1976
CHAPTER 455
FORMERLY SENATE BILL NO. 674
AN ACT TO AMEND CHAPTER 5, TITLE 13 OF THE
DELAWARE CODE RELATING TO JURISDIC-TION
OF THE FAMILY COURT OVER SUPPORT
AGREEMENTS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend subsection 507 (a), Title 13 of
the Delaware Code by adding thereto a new sentence at
the end of the first sentence thereof, which sentence shall
read as follows:
"The Court shall have exclusive jurisdiction with
respect to construction and enforcement of agreements
relating to payments for support between spouses, between
persons formerly spouses, between parents and children,
and between parents and children's spouses or former
spouses."
Approved June 11, 1976
1283
I24
CHAPTER 456
FORMERLY SENATE BILL NO. 686
AN ACT TO AMEND VOLUME 36, LAWS OF
DELAWARE, CHAPTER 158, 1929 ENTITLED AN
ACT CHANGING THE NAME OF "THE TOWN
OF DOVER" TO "THE CITY OF DOVER" AND
ESTABLISHING A CHARTER THEREFORE,
SAID AMENDMENT BEING TO CHANGE THE
CHARTER CONCERNING THE DESIGNATION
OF BOUNDARIES OF THE CITY THEREIN:
CHANGING THE HOURS THAT THE POLLS
SHALL REMAIN OPEN FOR MUNICIPAL ELEC-TIONS
AND THE PLACE OF HOLDING ELEC-TIONS;
CHANGING THE ELECTION RULES
CONCERNING A TIE VOTE IN MUNICIPAL
ELECTIONS; CHANGING THE PROVISIONS FOR
A QUORUM AND PROVISIONS FOR SPECIAL
ELECTIONS; ABOLISHING THE RIGHT OF THE
MAYOR TO VOTE AND PROVIDING THAT
MEMBERS OF THE PLANNING COMMISSION
CANNOT HOLD ELECTED CITY OFFICES AT
THE SAME TIME AND MAKIN(; OTHER
CHANGES TO THE CHARTER.
Be it enacted by the General Assembly of the State of
Delaware (iwo-thirds of all members elected to each house
thereof concurring therein):
Section 1. Amend Section 1, Volume 36, Laws of
Delaware, Chapter 158 (1929) by striking said section in its
entirety, and by adding a new section to read as follows:
"Section 1. The municipal corporation of the
State of Delaware, known as "The Town of Dover" shall
hereafter be known as "The City of Dover". The boun-daries
of the City of Dover are hereby established and
declared as recorded on the official map of record in the
Chapter 456 1285
Recorder of Deeds Office for Kent County and State of
Delaware as presently existing and as hereinafter
amended."
Section 2. Amend Volume 36, Laws of Delaware,
Chapter 158 (1929) by striking Section 8 in its entirety and
by substituting in lieu thereof a new Section 8 to read as
follows:
"Section 8.
The regular municipal election shall be held on the
third Monday in January of each year. At each such elec-tion
the polls shall be opened at 11:00 A.M. and closed at
8:00 P.M. The council may designate the places of election
and make all necessary rules and regulations not inconsis-tent
with this charter or with other laws of the State of
Delaware for the conduct of elections, for the prevention
of fraud of elections, and for the recount of ballots in case
of doubt or fraud.
All elections shall be held by an Election Board
which shall consist of the Alderman and two of the four
members of council whose terms of office continue for the
year following the election, to be chosen by the Council at
the meeting prior to the election. The Alderman may
designate such other persons as he shall deem necessary to
assist the members of the Election Board in the conduct of
the election and counting of the ballots. Should any or all of
the members of the Election Board be absent from the place
of election at 11:00 A.M. on the day of the election or fail or
neglect to act in the conduct of such election during the time
the polls are open and until the ballots are counted and the
results of the election certified, the voters of the City present
at such time may choose from the qualified voters of the City
such person or persons as shall be necessary to fill the places
made vacant by the absence or neglect aforesaid.
(c) When the polls are closed the Election Board shall
1286 Chapter 456
publicly count the votes and shall certify the result of the
election to each of the persons elected and to the council.
The candidate for the Office of Mayor who receives the
highest number of votes cast for that office shall be
declared to be elected Mayor, and the candidate for the
Office of Councilman from each district who has received
the highest number of votes cast for Councilman in that
district shall be declared to be elected to that office. In the
event of a tie vote for any office, a special election shall
be held within 30 days and the registration books shall re-main
closed until the outcome of the special election is
determined.
(d) Every resident of the City of Dover who shall have
reached the age of 18 years by the time of the election;
who has resided in the City of Dover for at least 30 days
continuously preceding the day of the election and who
has properly registered to vote shall be entitled to vote at
the regular or special municipal elections. The council or-dinance
duly adopted may provide for the registration of
voters and require that a person otherwise qualified to
vote must also be properly registered in order to vote in
the municipal elections. Any such ordinance providing for
registration of votes shall make adequate provision for the
preparation and custody of registration books and for the
entry therein of the names of registered voters, their
qualifications as such, the fact of their voting at each
municipal election, and such other matters as may be re-quired
by this Charter or the Laws of the State of
Delaware. Reasonable opportunity shall be provided for
voters to register, and there shall be at least three registra-tion
clays in each year.
(e) This subsection is reinstated herein as previously
enacted.
(1) This subsection is reinstated herein as previously
enacted.
Section 3. Amend Volume 36, Laws of Delaware,
Chapter 158 (1929) by striking the first paragraph of Sec-
Chapter 456 1287
tion 10 and by adding a new first paragraph of said sec-tion
to read as follows:
"Section 10. Conduct of Meetings.
Five of the members elected to the Council shall con-stitute
a quorum to do business, but a lessor number may
adjourn from time to time and may compel the attendance
of absent members in such manner and under such
penalties as may be prescribed by ordinance."
Section 4. Amend Volume 36, Laws of Delaware,
Chapter 158 (1929) by striking the fifth paragraph of Sec-tion
10 in its entirety and by adding a new fifth paragraph
to read as follows:
"A councilman may abstain from voting on a matter
that he feels would involve the consideration of his own
official conduct or financial interest."
Section 5. Amend Section 13 of Volume 36, Laws
of Delaware, Chapter 158 (1929) by striking the last
sentence thereof in its entirety and substituting in lieu
thereof the following:
"In the case of any such vacancy or of any vacancy
created by death, resignation or otherwise for which said
vacancy shall be less than 6 months in duration, the coun-cil
shall fill such vacancy. If such vacancy should be in ex-cess
of 6 months in duration, a special election shall be
held to fill such vacancy, this special election to be held no
sooner than 30 days from the date of the vacancy, but said
special election to be held no later than 60 days after the
date of the vacancy."
Section 6. Amend Volume 36, Laws of Delaware,
Chapter 158 (1929) Section 14 by striking said section in
its entirety and by adding a new section to read as follows:
1288 Chapter 456
"Section 14. Duties of Mayors.
The Mayor shall be the Executive and Chief Official
of the City. He shall preside at meetings of the council.
He shall have the powers and perform the duties conferred
and imposed by this charter and ordinances of the city."
Section 7. Amend Volume 36, Laws of Delaware,
Chapter 158 (1929) by striking Section 18 in its entirety
and by adding a new Section 18 to read as follows:
"Section 18. Power to Define Nuisances.
The council shall have the power to define nuisances
and cause their abatement. The operation of any instru-ment,
device or machine of any kind whatsoever, that
shall cause electrical interference with radio or television
reception within the limits of the city shall, at the option
of the council, be deemed a nuisance."
Section 8. Amend Volume 36, Laws of Delaware,
Chapter 158 (1929) by striking Section 23 in its entirety
and by adding a new Section 23 to read as follows:
"Section 23. Planning.
The council may create a City Planning Commission
for the development, improvement, and beautification of
the city, and prescribe its powers and duties. No member of
the Planning Commission may hold at the same time, any
elected city office."
Section 9. Amend Volume 36, Laws of Delaware,
Chapter 158 (1929) by striking Section 24 in its entirety
and by adding a new Section 24 to read as follows:
"Section 24. Regulation of Use of Streets.
The council shall have the right to grant or refuse
Chapter 456 1289
franchises or licenses to public utilities and common car-riers
and to fix the terms and conditions thereof and to
regulate their use of the streets, lanes and alleys of the ci-ty."
Approved June 11, 1976
1290
CHAPTER 457
FORMERLY SENATE BILL NO. 702
AN ACT TO REINCORPORATE THE TOWN OF MILLS-BORO
WHEREAS, The Town of Millsboro became a muni-cipality
upon the passage of its Charter by the General
Assembly in 1909, appearing as Chapter 203, Volume 25,
Laws of Delaware; and
WHEREAS, the Charter has been amended from time
to time and it is deemed desirable that it be consolidated
into one complete Act and in certain respects amended and
revised.
NOW, THEREFORE, BE IT ENACTED by the
General Assembly of the State of Delaware (two-thirds of
all Members elected to each House thereof concurring
therein):
INCORPORATION
Section 1. The inhabitants of The Town of
Millsboro within the corporate limits as hereinafter defined
in this Charter or as extended as hereinafter provided are
hereby declared to be a body politic incorporated in law
and equity and shall be able and capable to sue and be
sued, plead and be impleaded, answer and be answered,
defend and be defended in all courts of judicature what-soever
by the corporate name of "The Town of
Millsboro."
TERRITORIAL LIMITS
Section 2. The present boundaries and limits of
The Town of Millsboro are hereby established and
declared to be, as follows:
Chapter 457 1291
BEGINNING at a point on the Northerly edge of
Millsboro Mill Pond, on a line of The American Legion
West property line projected across the Pond; thence S
23-1/2° W 606 ft. to a point in the South right of way of
State Street; thence South 55° 18' W 1232 ft. to a point
which is 150 feet distant from the North right of way of
Monroe Street; thence parallel to Monroe Street and 150 feet
from North right of way N61° 5'W277 ft. and N 510 10' W
1220 ft., crossing highway R 82 to a point 500 ft. West of the
West right of way measured at a right angle therefrom;
thence, parallel to the West right of way of R 82 and 500 ft.
therefrom S 40 W 580 ft. to center of R 82A; S 2° 45' W 800
ft. and S 00 55' W 2130 ft. to the center of R 24; thence, con-tinuing
with R 82, now a 30 ft. county road and 515 ft. W of
right of way line S 00 15' W 500 ft. and S 2° E 875 ft to a
point in the center line of Route 339 projected to this point;
thence, S 50° E to the run of Iron Branch; thence, with the
run of Iron Branch crossing R 113 to the center of highway R
334-A (Mitchell Street extended); thence with center line of
Street N 22° 45' E 2160 ft. to the Tiger Valley Ditch; thence
Southeasterly and Northeasterly with the Tiger Valley Ditch
around the Cemetery to the Southerly edge of highway R 331
(State St. extended); thence, with Southerly edge of State St.
Northeasterly 1219 ft.; thence N 29° 15' E 462 ft. to a monu-ment
at Southwest corner of Houston St.; thence with
Southerly line of Houston St. S 62° 30' E. 310 ft. to the edge
of Indian River; thence at a right angle N 27° 30' E across In-dian
River to the North edge of the river; thence with the
North edge of Indian River and of the Millsboro Mill Pond
to the place of beginning.
ANNEXATION OF TERRITORY
Section 3. In the event it becomes feasible and
necessary in the future for The Town of Millsboro to enlarge
its then existing limits and territory, such annexation ac-complished
pursuant to the following procedures shall be
lawful:
(a) If all of the property owners of the territory con-
1292 Chapter 457
tiguous to the then existing corporate limits and territory
of The Town of Millsboro, by written Petition with the
signature of each such Petitioner duly acknowledged, shall
request The Town Council to annex that certain territory
in which they own property, the Mayor of The Town of
Millsboro shall appoint a Committee composed of not less
than three (3) of the elected members of the Town Council
to investigate the possibility of annexation. The Petition
presented to the Town Council shall include a description
of the territory requested to be annexed and the reasons
for the requested annexation. Not later than ninety (90)
days following its appointment by the Mayor, as
aforesaid, the Committee shall submit a written report
containing its findings and conclusions to the Mayor and
Town Council of Millsboro. The report so submitted shall
include the advantages and disadvantages of the proposed
annexation both to The Town of Millsboro and to the ter-ritory
proposed to be annexed and shall contain the
recommendation of the Committee whether or not to pro-ceed
with the proposed annexation and the reasons
therefor. In the event that the Committee appointed by the
Mayor concludes that the proposed annexation is ad-vantageous
both to the Town and to the territory proposed
to be annexed, the Town Council of Millsboro may then
pass a second Resolution annexing such territory to The
Town of Millsboro. Such Resolution shall be passed by the
affirmative vote of two-thirds (2/3) of all the elected
members of the Town Council. In the event that the Com-mittee
appointed by the mayor concludes that the pro-posed
annexation is disadvantegeous either to the Town or
to the territory proposed to be annexed, the procedure to
be followed shall be the same as hereinafter provided as if
the annexation were proposed by five (5) or more property
owners but less than all the property owners of a territory
contiguous to the then limits and territory of The Town of
Millsboro.
(b) If five (5) or more property owners but less than
all of the property owners of a territory contiguous to the
then limits and territory of The Town of Millsboro by
written Petition with the signature of each such Petitioner
Chapter 457 1293
duly acknowledged shall request the Town Council to an-nex
that certain territory in which they own property, the
Mayor of The Town of Millsboro shall appoint a Commit-tee
composed of not less than three (3) of the elected
members of the Town Council to investigate the possibility
of annexation. The Petition presented to the Town Coun-cil
shall include a description of the territory requested to
be annexed and the reasons for the requested annexation;
or the Town Council, by majority vote of the elected
members thereof may, by resolution, propose that a com-mittee
composed of not less than three (3) of the elected
members of the Town Council be appointed by the Mayor
to investigate the possibility of annexing any certain ter-ritory
contiguous to the then limits and territory of The
Town of Millsboro.
(c) Not later than ninety (90) days following its ap-pointment
by the Mayor, as aforesaid, the Committee
shall submit a written report containing its findings and
conclusions to the Mayor and the Town Council of
Millsboro. The report so submitted shall include the ad-vantages
and disadvantages of the proposed annexation
both to The Town of Millsboro and to the territory pro-posed
to be annexed and shall contain the recommenda-tion
of the Committee whether or not to proceed with the
proposed annexation and the reasons therefor. In the event
that the Committee appointed by the mayor concludes that
the proposed annexation is advantageous both to the
Town and to the territory proposed to be annexed, within
thirty (30) days after receiving the report, a second Resolu-tion
shall then be passed by the Town Council proposed to
the property owners and residents of both The Town of
Millsboro and the territory proposed to be annexed that the
town proposes to annex certain territory contiguous to its
then limits and territory. In the event that the Committee ap-pointed
by the Mayor concludes that the proposed annexa-tion
is disadvantageous either to the Town or to the territory
proposed to be annexed, within thirty (30) days after receiv-ing
the report of the Committee, the Resolution proposing
annexation to the property owners and residents of both the
Town and the territory proposed to be annexed shall be pass-
294 Chapter 457
ed by the affirmative vote of two-thirds (2A) of the elected
members of the Town Council. If the Resolution shall fail to
receive the affirmative vote of two-thirds (2/3) of the elected
members of the Town Council, the territory proposed to be
annexed shall not again be considered for annexation for a
period of one (1) year from the date that the Resolution fail-ed
to receive the required affirmative vote. The second
Resolution shall contain a description of the territory pro-posed
to be annexed and shall fix a time and place for a
public hearing on the subject of the proposed annexation.
The Resolution adopted by the Town Council setting forth
the above information shall be printed in a newspaper having
a general circulation in The Town of Millsboro at least one
week prior to the date set for the public hearing, or, at the
discretion of the Town Council, the said Resolution shall be
posted in four (4) public places both in The Town of
Millsboro and in the territory proposed to be annexed.
Following the public hearing, but in no event later
than thirty (30) days thereinafter, a Resolution shall then
be passed by a majority of the Town Council ordering a
Special Election to be held not less than thirty (30) nor
more than sixty (60) days after the said public hearing on
the subject of the proposed annexation. Passage of this
Resolution shall ipso facto be considered the determination
of the Town Council to proceed with the matter of the
proposed annexation.
The notice of the time and place of the said
Special Election shall be printed within thirty (30) days im-mediately
preceding the date of this Special Election in at
least two (2) issues of a newspaper having a general cir-culation
in The Town of Millsboro, or, in the discretion of
the Town Council, the said notice may be posted in four
(4) public places, both in The Town of Millsboro and in
the territory proposed to be annexed at least fifteen (15)
days prior to the date set for the said Special Election.
(0 At the Special Election, every property owner,
whether an individual, partnership or a corporation both
Chapter 457 1295
in The Town of Millsboro and in the territory proposed to
be annexed shall have one (1) vote. Every citizen of either
The Town of Millsboro or of the territory proposed to be
annexed over the age of eighteen (18) years who is not a
property owner shall have one (1) vote. In the case of pro-perty
owned by husband and wife jointly, the husband and
wife shall each have one-half (1/2) vote. In the event that
a person owns property both in The Town of Millsboro
and in the territory proposed to be annexed and resides in
either place, he may vote only where he resides. In the
event that a person owns property both in The Town of
Millsboro and in the territory proposed to be annexed but
does not reside in either place, he may vote only in The
Town of Millsboro and not in the territory proposed to be
annexed. Property owners whose property is exempt from
taxation or is not assessed for taxation shall not be entitled
to vote. The books and records of The Town of Millsboro in
the case of property owners and citizens of the Town and the
books and records of the Board of Assessment of Sussex
County on the case of property owners and residents of the
territory proposed to be annexed shall be conclusive evidence
of the right of such property owners and citizens to vote at
the Special Election.
In the event that an individual holds a Power of
Attorney duly executed and acknowledged specifically
authorizing the said individual to vote at the said Special
Election, a duly authenticated Power of Attorney shall be
filed in the Office of the Town Manager of The Town of
Millsboro. Said Power of Attorney so filed shall constitute
conclusive evidence of the right of said person to vote in
the Special Election.
The Town Council of The Town of Millsboro,
shall cause voting machines to be used in the Special Elec-tion,
the form of ballot to be printed as follows:
1 For the proposed annexation
1 Against the proposed annexation
1296 Chapter 457
(i) The Mayor of The Town of Millsboro shall ap-point
three (3) persons to act as a Board of Special Elec-tion,
at least one (1) of whom shall own property in The
Town of Millsboro and at least one (1) of whom shall own
property in the property to be annexed. One (1) of the said
persons so appointed shall be designated the Presiding Of-ficer.
Voting shall be conducted in a public place as
designated by the Resolution calling the Special Election.
The Board of Special Election shall have available, clearly
marked, two (2) voting machines. All votes cast by those
persons, partnerships or corporations authorized to vote as
residents or property owners in the territory proposed to
be annexed shall be accomplished on one such voting
machine and all ballots cast by those persons, partner-ships,
or corporations who are authorized to vote as
residents or property owners of The Town of Millsboro
shall be accomplished on the other such voting machine.
The polling place shall be open from one o'clock in the
afternoon, prevailing time, until six o'clock in the evening,
prevailing time, on the date set for the Special Election.
All persons in the polling place at the time of the closing
of the polls shall be permitted to vote, even though such
votes are not cast until after the time for the closing of the
polls.
Immediately upon the closing of the polling place,
the Board of Special Election shall count the ballots for and
against the proposed annexation and shall announce the
result thereof; the Board of Special Election shall make a
Certificate under their Hands of the votes cast for and
against the proposed annexation and the number of void
votes and shall deliver the same to the Town Council of The
Town of Millsboro. Said Certificate shall be filed with the
papers of the Town Council.
In order for the territory proposed to be annexed to
be considered annexed, a majority of the votes cast both
from the Town of Millsboro and from the territory proposed
to be annexed must have been cast in favor of the proposed
annexation. In the event that the Special Election results in
Chapter 457 1297
an unfavorable vote for annexation, no part of the territory
considered at the Special Election for annexation shall again
be considered for annexation for a period of at least one (I)
year from the date of the said Special Election. If a favorable
vote for annexation shall have been cast, the Town Council
of The Town of Millsboro shall cause a description and a
plot of the territory so annexed to be recorded in the Office
of the Recorder of Deeds, in and for Sussex County, but in
no event shall said recordation be completed more than nine-ty
(90) days following the date of the said Special Election.
The territory considered for annexation shall be considered
to be a part of The Town of Millsboro from the time of
recordation. The failure to record the description or the plot
within the specified time shall not make the annexation in-valid,
but such annexation shall be deemed to be effective at
the expiration of the ninety (90) day period from the date of
the favorable Special Election.
(I) If the territory proposed to be annexed includes only
territory which is exempt from taxation or which is not
assessed on the books on the Board of Assessment of Sussex
County, no election shall be necessary and the Town Council
of The Town of Millsboro may proceed to annex such ter-ritory
by receiving a certified copy of a Resolution requesting
such annexation if such property is owned by a corporation
or by a written Petition with the signature of each such Peti-tioner
duly acknowledged, if such property is owned by a in-dividual,
requesting the Town Council to annex that certain
territory in which they own property. The certified copy of
the Resolution or the Petition shall include a description of
the territory requested to be annexed and the reasons for the
requested annexation. Upon receipt of the certified copy of
the Resolution or the Petition, the Mayor of The Town of
Millsboro shall appoint a committee composed of not less
than three (3) of the elected members of the Town Council to
investigate the possibility of annexation. Not later than nine-ty
(90) days following its appointment by the Mayor, as
aforesaid, the committee shall submit a written report con-taining
its findings and conclusions to the Mayor and Town
Council of Millsboro. The report so submitted shall include
the advantages and disadvantages of the proposed annexa-
1298 Chapter 457
tion both to The Town of Millsboro and to the territory pro-posed
to be annexed and shall contain the recommendation
of the committee whether or not to proceed with the pro-posed
annexation and the reasons therefor. In the event that
the committee appointed by the Mayor concludes that the
proposed annexation is advantageous both to the Town and
to the territory proposed to be annexed, the Town Council of
Millsboro may then pass a second Resolution annexing such
territory to The Town of Millsboro. Such Resolution shall be
passed by the affirmative vote of two-thirds (2/3) of all the
elected members of the Town Council. In the event that the
committee appointed by the Mayor concludes that the pro-posed
annexation is disadvantageous either to the Town or
to the territory proposed to be annexed, the Resolution shall
be passed by three-fourths (3/4) of all the elected members
of the Town Council. If the Resolution fails to receive the re-quired
number of votes, no part of the territory proposed for
annexation shall again be proposed for annexation for a
period of one (1) year from the date that the Resolution
failed to receive the required votes. If the Resolution receives
the required number of votes, the Town Council of The
Town of Millsboro shall cause a description and a plot of the
territory so annexed to be recorded in the Office of the
Recorder of Deeds, in and for Sussex County, and in no
event shall such recordation be completed more than ninety
(90) days following the passage of the Resolution. The ter-ritory
considered for annexation shall be considered to be a
part of The Town of Millsboro from the time of recordation.
The failure of the Town Council to record the description
and plot within the time hereinbefore specified shall not
make the annexation invalid, but such annexation shall be
deemed to be effective at the expiration of the ninety (90) day
period from the date of the passage of the Resolution.
STRUCTURE OF GOVERNMENT
Section 4. The government of The Town and the ex-ercise
of all powers conferred by this Charter, except as
otherwise provided herein, shall be vested in the Town Coun-cil.
The Town Council shall be composed of seven (7)
members, each of whose terms shall be for a period of three
Chapter 457 I 299-
(3) years, commencing at the Annual Meeting of the Town
Council following his election and continuing until his suc-cessor
is duly elected and qualified. Six (6) members of the
Town Council shall be nominated and elected from the
several Districts in which they reside and one (1) member
shall be nominated and elected from the Town at large. One
of the members of the Town Council shall be elected Presi-dent
of the Town Council and upon his election shall have
the title of Mayor of The Town of Millsboro and shall per-form
all duties prescribed herein to be performed by the
Mayor of The Town of Millsboro.
DISTRICT LIMITS
Section 5. There are hereby created and established
three (3) Representative Districts for The Town of
Millsboro, as follows:
(a) District One: The area located North of United
States Route 113 and East of Main Street to the Town limits;
(h) District Two: The area located North of United
States Route 113 and West of Main Street to the Town
limits;
District Three: The area located South of United
States Route 113 to the Town limits.
QUALIFICATIONS FOR TOWN COUNCILMAN
Section 6. The qualifications for Town Councilman
at the time of his election shall be as follows:
A bona fide resident of the United States and of the
State of Delaware and a resident freeholder of The Town of
Millsboro for at least one (1) year next preceding the Annual
Municipal Election; and
At least twenty-one (21) years of age;
1300 Chapter 457
(c) Each of the qualifications for Town Councilman
shall be continuing qualifications to hold office and the
failure of any of the Town Councilmen to have any of the
qualifications required by this Section during his term of of-fice
shall create a vacancy in the office.
METHOD OF MAKING NOMINATIONS FOR
TOWN COUNCILMAN
Section 7. Each candidate for Town Councilman
shall be nominated as follows:
Each candidate shall notify the Town Manager in
writing of his candidacy for the office of Town Councilman.
All such notifications of candidacy must be filed in
the Office of the Town Manager during the regular business
hours of the Town on or before the close of business on the
last Friday in the month of May; and thereupon it shall be
the duty of the Town Manager to have a list of names of all
candidates so filed with him printed in a newspaper of
general circulation in the Town of Millsboro at least five (5)
days prior to the date of the said Annual Municipal Election
next ensuing; or, in the discretion of the Town Council, the
Town Manager may post a list of names of all candidates
designating the office sought by each candidate in at least
five (5) public places in the Town, such public places to be
designated by the Town Council. One of the said public
places shall be in the Town Hall of the Town of Millsboro.
In the event that the Town Manager is unable to act
because of illness, absence, or for any other reason what-soever,
the names of all candidates shall be filed with the
Vice-President of the Town Council who shall thereupon
perform the duties required of the Town Manager in Subsec-tion
(b) of this Section.
The Town Council shall make arrangements for
voting machines to be placed in the polling place prior to the
Chapter 457 1301
time set forth in this Charter for the beginning of the Annual
Municipal Election.
MANNER OF HOLDING ANNUAL MUNICIPAL
ELECTION
Section 8. The procedure for holding the Annual
Municipal Election shall be as follows:
The Annual Municipal Election shall be held at a
place designated by the Town Council within the corporate
limits of The Town of Millsboro on the Second Saturday in
June of each and every year from one o'clock in the after-noon,
prevailing time, until six o'clock in the evening,
prevailing time, the first said Annual Municipal Election to
be held pursuant to this Charter to be held on the Second
Saturday in June, A.D. 1977.
At the Annual Municipal Election to be held on the
Second Saturday in June, A.D. 1977, one (1) Councilman
from the First District and one (1) Councilman from the Se-cond
District shall be elected. Each of the Councilmen who
are elected shall serve for a term of three (3) years, or until
his successor has been duly elected and qualified.
At the Annual Municipal Election to be held on the
Second Saturday in June, A.D. 1978, one (1) Councilman
shall be elected from the Second District, one (1) Coun-cilman
from the Third District, and one (1) Councilman at
large who may reside in any District. Each of the Coun-cilmen
so elected shall serve for a period to three (3) years or
until his successor has been duly elected and qualified.
At the Annual Municipal Election to be held on the
Second Saturday in June, A.D. 1979, there shall be elected
from the First District one (1) Councilman and from the
Third District one (1) Councilman, each of whom shall hold
office for a period of three (3) years or until his successor is
duly elected and qualified.
13t12 Chapter 457
Thereafter, at each Annual Municipal Election, there
shall be elected two (2) Councilmen who shall serve for a
term of three (3) years, or until their successors have been
duly elected and qualified, except at the Annual Municipal
Election in the year when the Councilman at large is to be
elected, at which time there will be three (3) Councilmen
elected.
The members of the Commissioners of Millsboro
who hold office at the time of passage of this Act shall con-tinue
to hold office as members of the Town Council of the
Town of Millsboro until their respective successors have
been duly elected and qualified.
The Annual Municipal Election shall be conducted
by a Board of Election consisting of an Inspector and two (2)
Judges appointed by the Mayor of the Town of Millsboro
with the concurrence of a majority of the members of the
Town Council not later than the last regular meeting of the
Town Council prior to the date of the Annual Municipal
Election. The Board of Election shall determine who is and
who is not lawfully entitled to vote thereat, take reasonable
steps to see that the law pertaining to the Annual Municipal
Election receives compliance and for the purpose of counting
the votes and certifying the result to the Town Council. If
any of the officers so chosen and designated to conduct the
Annual Municipal Election shall not be present at the polling
place at the time designated for the holding of the Annual
Municipal Election, it shall be lawful for the qualified voters
present at the polling place at the time of holding said An-nual
Municipal Election to elect from among their own
number a person to fill each vacancy and such Board of Elec-tion
caused by the absence of any member of the Board of
Election. The Board of Election shall keep a list of all per-sons
who voted at such Annual Municipal Election.
At such Annual Muncipal Election every person,
male or female, who shall have attained the age of eighteen
(18) years on the date of the Annual Municipal Election and
who shall be a bona fide resident of the Town of Millsboro
Chapter 457 1303
shall have one (I) vote, provided he or she is registered on the
"Books of Registered Voters" of the Town of Millsboro.
The Town Council of The Town of Millsboro shall provide
two (2) registers to be known as the "Books of Registered
Voters" which are to be kept at the office of the Town
Manager. The Books of Registered Voters shall contain the
following information for each registrant: The name of the
registered voter arranged in alphabetical order, the address
of the voter, the birth date of the voter, the date the
registrant became a citizen of the United States, the date the
registrant became a resident of The Town of Millsboro, and
any other pertinent information. No person shall be
registered upon the Books of Registered Voters unless he or
she will have acquired the qualifications to vote in the An-nual
Municipal Election for the year in which he or she
registers. A person shall be required to register only one
time; provided, however, that if a registered voter fails to
vote in two (2) consecutive Annual Municipal Elections in
which there is a contest, his name shall be removed from the
Books of Registered Voters and notice sent to said registered
voter at his last known address by certified mail with return
receipt requested advising the registered voter that his name
has been removed from the Books of Registered Voters, and
that it will be necessary to register again in order to be eligi-ble
to vote in the Annual Municipal Election. The Books of
Registered Voters shall be maintained in the office of the
Town Manager and shall be conclusive evidence of the right
of any person to vote at the Annual Municipal Election. A
person may register at the office of the Town Manager dur-ing
the regular business hours of such office until the close of
business of such office on the last Friday in May prior to the
date of the Annual Municipal Election by completing such
forms as may be provided by the Town.
All votes offered at the Annual Municipal Election
shall be offered in person.
In the event that no person files or is nominated for
office for which an election is to be held within the time set
forth in Section 7 of this Charter, the incumbent shall be
1304 Chapter 457
deemed to be reelected for a full term and it shall not be
necessary to have an election.
(k) In the event that only one person files or who is
nominated for office for which an election is to be held
within the time set forth in Section 7 of this Charter, the per-son
who files or is nominated shall be deemed to be elected
for a full term and it shall not be necessary to have an elec-tion.
ORGANIZATION AND ANNUAL
MEETING OF COUNCIL
Section 9. (a) Before entering upon the duties of
their respective offices, the Councilman Elect shall be sworn
by a Notary Public to perform faithfully and impartially the
duties of their respective offices with fidelity. At eight
o'clock in the evening, prevailing time, at the first regular
meeting following the Annual Municipal Election, the Town
Council shall meet at the Council Chamber and the newly
elected officers shall assume the duties of office, being first
duly sworn or affirmed to perform their duties with fidelity,
as aforesaid.
(b) At the annual meeting, held on the first regular
meeting following the Annual Municipal Election, the Town
Council shall organize and elect, by ballot, a President and a
Vice-President, who shall hold office for the term of one (1)
year or until his successor shall be duly elected. The person
elected as President of the Town Council shall have the title
of Mayor. The Town Council shall likewise select a Secretary
from their own number to serve until the first regular
meeting after the next Annual Municipal Election. The
Town Council may also select an Assistant Secretary to
serve, as aforesaid, who may or may not be from among
their own number and such other officers and employees as
may be determined to be necessary.
REGULAR AND SPECIAL MEETINGS
Section 10. The Town Council of The Town of
Chapter 457 1305
Millsboro shall hold one (1) meeting in each month on the
first Monday of the month. If the first Monday of the month
shall be a legal holiday, the monthly meeting of the Town
Council of The Town of Millsboro shall be held on the next
succeeding regular business day. Special meetings shall be
called by the Secretary upon the written request of the Mayor
of The Town of Millsboro, or upon the written request of
any two (2) members of The Town Council of The Town of
Millsboro, stating the day, hour and place of the special
meeting requested, and the subject or subjects proposed to
be considered thereat. The Secretary shall thereon give writ-ten
notice to the Mayor and to each member of the Town
Council of the day, hour and place of such special meeting
and the subject or subjects to be considered thereat. Such
notice of the Secretary shall be deposited in the United States
mail in the main Post Office of The Town of Millsboro at
least forty-eight (48) hours before the time of said special
meeting; provided, however, that a written waiver of such
notice signed by the Mayor of The Town of Millsboro and by
all members of the Town Council prior to or immediately
upon convening of the said such special meeting shall make
such written notice unnecessary and shall authorize and
make valid the holding of a special meeting at any time
named in the waiver and the transaction of any business con-sidered
at the meeting if the waiver so states.
QUORUM
Section 11. A majority of the members elected to
The Town Council shall constitute a quorum at any regular
or special meeting; but a lesser number may adjourn from
time to time and may compel the attendance of absent
members in such manner and under such penalties as may be
prescribed by Ordinance.
RULES AND MINUTES OF COUNCIL
Section 12. The Council shall determine its own
rules and order of business and shall keep a journal of its
proceedings and the yeas and nays shall be taken upon the
passage of every ordinance and resolution and shall be
1306 Chapter 457
entered in the journal with the text of the ordinance or
resolution.
VACANCIES
Section 13. If any vacancy shall occur in the office
of Councilman by death, resignation, loss of residence in the
District which the Councilman represents, loss of residents in
the Town of Millsboro, refusal to serve, or otherwise, the
same may be filled by a majority vote of the remaining
members of the Town Council, the person or persons so
chosen to fill such vacancy shall be qualified as in the case of
newly elected members and shall hold office for the re-mainder
of the unexpired term.
DISQUALIFICATIONS
Section 14. If any Councilman, during his term of
office, shall be found guilty of any crime or misdemeanor
and sentenced to imprisonment for any term whatever, or
shall for any reason cease to be a resident of the District
which he represents in the case of those members of Council
elected from a particular District or shall for any reason
cease to be a resident of the Town, he shall forthwith be dis-qualified
to act as a member of Council and his office shall
be deemed vacant and shall be filled by the Town Council, as
aforesaid.
CONTRACTS
Section 15. (a) It shall be unlawful for the Town
Council to make or enter into any contract in excess of Five
Hundred Dollars ($500.00) for materials, supplies, services,
work or labor, for the benefit and use of the Town of
Millsboro with any member of the Town Council or with any
partnership in which any member of the Town Council is a
General Partner, or with any corporation in which any
member of the Town Council is a Director or controlling
stockholder or any firm or company which any member of
Chapter 457 1307
the Town Council is pecuniarily interested, provided that if
all the elected members of the Town Council shall vote to
enter into such contract, then the Town may enter into such
a contract. Any such contract executed without such
unanimous vote shall be absolutely null and void.
(b) All contracts for the purchase of materials or for the
furnishing of services authorized or permitted by this
Charter shall be accomplished by competitive bidding and
the awarding of contracts to the lowest responsible bidder
who submits a responsive bid; PROVIDED, HOWEVER,
that competitive bidding shall not be required in any of the
following circumstances:
The aggregate amount involved is not more than
Three Thousand Five Hundred Dollars ($3,500.00);
The purchase or contract is for personal or profes-sional
services;
The purchase or contract is for any service rendered
by a University, college or other educational institution;
The purchase or contract is for any service to be
rendered by the State of Delaware or any political subdivi-sion;
The purchase or contract is for property or services
for which it is impracticable to obtain competition;
The public exigency, as determined by the Town
Council, will not permit the delay incident to advertising;
The materials to be purchased are to be used to com-plete
a project under the supervision of the Town Manager;
The purchase or contract is for property or services
for which the Town Council determines the prices received
1308 Chapter 457
after competitive bidding are unreasonable as to all or part
of the requirement or not independently reached in open
competition;
(9) A public emergency as determined by the Town
Council exists.
DUTIES OF THE MAYOR AND
PRESIDENT OF COUNCIL
Section 16. (a) The President of the Town Council
shall preside at all meetings thereat, and shall vote on all
matters brought before the Town Council for a vote. He
shall appoint all committees, receive complaints or
nuisances, and other complaints of citizens concerning viola-tions
of law and ordinances. He shall present a report of
complaints and nuisances and violations of law and or-dinances
to the Town Council at the first regular meeting
after receiving such complaints. He may require the Alder-man
or the Assistant Alderman, as hereinafter provided for
in this Act, to proceed upon such infractions or violations of
law and ordinances immediately in the event that he deems
such action to be required. The President of the Town Coun-cil
shall perform such other duties and have such other
powers as the Town Council shall determine not in conflict
with the provisions of this Charter.
The President of the Town Council, within thirty
(30) days following his election, may appoint, by and with
the advice and consent of a majority of the elected members
of the Town Council, two (2) suitable persons who shall be
qualified voters of The Town of Millsboro to act as Alder-man
and Assistant Alderman. Both the Alderman and the
Assistant Alderman shall hold office until each successor
shall be duly appointed and chosen.
The President of the Town Council may, for any
reasonable cause, by and with the consent and upon the ad-dress
of a majority of all the members of the Town Council,
Chapter 457 I 309
remove from office any person appointed by him or any or
his predecessors. The person against whom the Council may
be about to proceed shall receive five (5) days' written notice
thereof, accompanied by a statement of the cause alleged for
the removal and shall be accorded a full and fair hearing, if
such a request if received by the President of the Town
Council by certified mail with return receipt requested within
ten (10) days following the date that notice of removal is
received by such person.
The President of the Town Council may appoint
such other committees as he deems necessary for the proper
administration of The Town of Millsboro or the Council
may, by resolution, authorize the President of the Town
Council to appoint certain committees which are deemed
necessary to carry out the provisions of this Act.
It shall be the duty of the Vice-President of the Town
Council, in the absence of the President, to preside at all
meetings of the Town Council in the event of absence of the
President and perform such other duties and to have such
other powers of the President as are prescribed by the
Charter of The Town of Millsboro or by any Ordinance of
the Town Council.
SECRETARY
Section 17. (a) The Secretary shall have charge and
custody of books, journals, records, papers and other effects
of the Town and shall keep the same in a safe and secure
place. He shall keep a full and complete record of all the
transactions in The Town of Millsboro. He shall be a voting
member of all committees and shall keep a record of the
transactions and proceedings of the same, together with such
other duties as may be prescribed by this Charter or by Or-dinance
or rule of the Town Council of The Town of
Millsboro. He shall file and keep in a safe place the seal of
The Town of Millsboro and all papers and documents arising
out of the proceedings of the Town Council of The Town of
Millsboro relative to the affairs of the Town ch2. . .A. P.I.i tar;
1310 Chapter 457
the same to his successor in office. He shall attest the seal of
The Town of Millsboro when authorized by the Town Coun-cil
and shall perform such other duties and have such other
powers as may be prescribed by Ordinance.
All books, records and journals of The Town of
Millsboro in the custody of the Secretary may, in the
presence of the Mayor, Secretary, Assistant Secretary or any
member of the Town Council of The Town of Millsboro, be
inspected by any registered voter of the Town desiring
legitimate information at any time, or times, as may be con-venient
and will not interfere with the regular routine of the
business of the Town.
All books, records, papers and documents in the
custody of the Secretary shall be open for inspection by
members of the Town Council of The Town of Millsboro.
Compensation, if any, of the Secretary for his
duties, shall be determined by the Town Council.
ASSISTANT SECRETARY
Section 18. The duties and powers of the Secretary
as hereinbefore prescribed shall devolve upon the Assistant
Secretary in the absence or inability of the Secretary. The
Assistant Secretary shall likewise perform such other duties
and have such other powers as may be prescribed by resolu-tion
to the Town Council of the Town of Millsboro and shall
receive such compensation as the Town Council by Resolu-don
shall determine.
ALDERMAN AND ASSISTANT ALDERMAN
Section 19. (a) The Mayor may appoint some
suitable person to act as Alderman and may appoint some
suitable person to act as Assistant Alderman. Any person ap-pointed
by the Mayor to serve as Alderman or Assistant
Alderman shall be at least twenty-one (21) years of age, shall
7 Chapter 457 1311
be of good character and reputation and shall be a resident
of the Town of Millsboro and shall not be a member of the
Town Council of the Town of Millsboro. Any person ap-pointed
by the Mayor to serve as Alderman or Assistant
Alderman such be appointed for an indefinite term and any
such appointment shall be confirmed by a majority of all
members of the Town Council of the Town of Millsboro.
Either the Alderman or Assistant Alderman may be removed
form office at any time, with or without cause, by the af-firmative
vote of two-thirds (2/3) of all the elected members
of the Town Council of the Town of Millsboro.
Before entering upon the duties of his office, the per-son
appointed by the Mayor to serve as Alderman and the
person appointed by the Mayor to serve as Assistant Alder-man
shall be sworn or affirmed by the Mayor to perform the
duties of his office honestly, faithfully and diligently and to
uphold and enforce the Charter of the Town of Millsboro
and Ordinances duly enacted by the Town Council of the
Town of Millsboro and to carry into effect all orders of the
Town Council of the Town of Millsboro made pursuant to
any law of this state. The Assistant Alderman shall perform
the functions of the Alderman if the Alderman is unavailable
and at such other times as may be designated by the Mayor.
During such periods the Assistant Alderman shall have all
the powers and duties of the Alderman.
The Town Council shall procure suitable records for
the use of the Alderman and the Assistant Alderman. Such
records shall be known as the "Alderman's Docket." The
Alderman and the Assistant Alderman shall each record all
official acts and proceedings in the Alderman's Docket.
The Alderman and the Assistant Alderman shall
have jurisdiction and cognizance of all breaches of the
peace and other offenses committed within the corporate
limits of The Town of Millsboro so far as to arrest and
hold for bail or fine and imprison offenders for any off-ense,
penalty or forfeiture prescribed by the Charter of
The Town of Millsboro and any Ordinance enacted there-under;
of all neglects, omissions or defaults of any officer,
1312 Chapter 457
agent or employee of the Town; provided, however, that
neither the Alderman nor the Assistant Alderman shall
impose any fine in excess of Five Hundred Dollars
($500.00) nor imprison any offender for more than sixty
(60) days, or both, except as otherwise provided in the
Charter of The Town of Millsboro. The Alderman and the
Assistant Alderman may, in addition to any other fine or
term of imprisonment permitted to be assessed or im-posed,
impose and collect such costs as are set by Ordin-ance
or Resolution of the Town Council of The Town of
Millsboro; provided, however, that no costs shall be
imposed which is in excess of that which may be imposed
by a Justice of the Peace for like service.
(e) The Alderman and and the Assistant Alderman shall
prepare and submit a monthly report to the Town Council
reporting all fines and penalties imposed during the
preceding calendar month and shall pay to the Treasurer of
the Town all such fines and penalties.
(1) The Alderman and the Assistant Alderman shall
receive such salary as may be fixed from time to time by
Resolution of the Town Council.
(g) If any Alderman or Assistant Alderman shall be
removed from office as hereinbefore provided, he shall
deliver to the Town Manager, within two days after his
removal from office, all the books and papers belonging to
his office, and to pay over to the Town Manager all moneys
in his hands within five (5) days after receiving the notice of
his removal from office. Immediately after the receipt of the
books and papers belonging to the office of either the Alder-man
or the Assistant Alderman, the Town Manager shall re-quire
the auditor of the Town, appointed as hereinafter pro-vided,
to make an audit of the books and papers of the of-ficial
so removed from the office. Upon the neglect or failure
to deliver all the books and papers to the Town Manager
within the time specified by this Charter, or to pay over all of
Chapter 457 1313
the moneys to the Town Manager within the time specified,
the Alderman or Assistant Alderman, so removed, shall be
deemed guilty of a misdemeanor and upon conviction
thereof shall be fined not less than Twenty-five Dollars
($25.00) nor more than One Hundred Dollars ($100.00) for
each day that he fails to deliver the books and papers to the
Town Manager or to pay over all moneys to the Town
Manager.
TOWN MANAGER
Section 20. (a) The Town Council of The Town of
Millsboro may appoint a Town Manager who shall be the
Chief Administrative Officer of the Town.
The Town Council of The Town of Millsboro shall
impose such qualifications for Town Manager as may be
deemed necessary; provided, however, that no person
holding the office of Town Councilman shall be chosen to be
Town Manager during his term of office as Councilman.
The Town Manager shall hold office of an indefinite
term and may be removed by a majority vote of the Town
Council of The Town of Millsboro. At least thirty (30) days
before such removal shall be come effective, the Town
Council shall, by a majority vote of all the elected members
thereof, adopt a preliminary resolution stating the reasons
for his removal. The Manager may reply in writing and may
request a public hearing which shall be held not earlier than
twenty (20) days not later than thirty (30) days after the filing
of such request. After such public hearing, if one be re-quested,
and after full consideration, the Town Council, by
a majority vote of all the elected members thereof, may
adopt a final resolution of removal. By the preliminary
resolution, the Town Council may suspend the Town
Manager from duty but shall in any case call to be paid him
forthwith any unpaid balance of his salary and his salary for
the next three calendar months following the adoption of the
preliminary resolution.
1314 Chapter 457
(d) In case of the absence or disability of the Town
Manager, the Town Council may designate some qualified
person who may be an elected or appointed official of The
Town of Millsboro to perform the duties of such office dur-ing
his absence of disability. The compensation which the
Town Manager shall receive for the performance of his
duties shall be fixed by the Town Council of The Town of
Millsboro.
(e) The Town Manager shall be responsible to the Town
Council of The Town of Millsboro for the proper ad-ministration
of the affairs of the Town placed in his charge
and to that end, he shall have the power to make such ap-pointment
and to hire such employees at such compensations
as the Town Council, by Resolution, shall determine, subject
to such rules and regulations as may be adopted by the Town
Council. All employees shall be hired for an indefinite term
and may be removed by the Town Manager at any time
unless otherwise provided by resolution of Council. He shall
exercise his sole discretion in the appointment or hiring of
any such employees. The Town Manager shall be the sole
judge of the competence or incompetence of any such person
so appointed or hired by him. The Town Council of the
Town of Millsboro shall sit as a Board of Appeal for the pro-tection
of Town employees at those times when the majority
of all the Commissioners are agreed that a review of the ac-tion
of the Town Manager would be in the best interests of
the Town of Millsboro. The decision of the Town Council in
such case shall be final and conclusive.
(1) It is the intention of this Charter that, in the per-formance
of his duties, and in the exercise of his powers, the
Town Manager shall not be influenced by any matters what-soever
of a political or fractional nature. It is the intention of
this Charter that the Town Manager shall be guided solely by
matters of expediency and efficiency in the administration of
the affairs of the Town placed in his charge. Except for pur-poses
of inquiry, the Town Council shall deal with that por-tion
of the administrative service for which the Town
Manager is responsible solely through the Town Manager.
Chapter 457 1315
It shall be the duty of the Town Manager to super-vise
the administration of the affairs of the Town under his
charge and to make such reports to the Town Council as are
required by the Town Council. He shall make such recom-mendations
to the Town Council concerning the affairs of
the Town as may seem to him desireable. He shall keep the
Town Council advised of the financial condition and future
needs of the Town. He shall prepare and submit to the Town
Council the annual budget estimate. He shall render to the
Town Council at the regular montly meeting of each and
every month a true, accurate and detailed account of all the
moneys collected or received by him in the performance of
his duties and shall promptly turn the same over to the Town
Council.
In conjunction with the Mayor of The Town of
Millsboro, he shall sign warrants pursuant to appropriations
or resolutions theretofore made for the Town Council. He
shall prepare and submit to the Town Council such reports
that may be required by the Town Council. He shall perform
such other duties as may be prescribed by this Charter or re-quired
of him by Ordinance or Resolution of the Town
Council.
The Town Manager and such other officers of the
Town as may be designated by vote of the Town Council
shall be entitled to seats in the meetings of the Town Coun-cil,
but shall not vote therein.
The Town Manager shall have charge and supervi-sion
of the streets, gutters, curbs, sidewalks, boardwalks,
jetties, piers, parks, and other administrative affairs of the
Town and all work relating thereto. He shall have charge of
and shall collect all taxes, assessment, rentals, license fees, or
other charges due the Town. He shall have charge of the ad-ministration
of all provisions of this Charter and Ordinances
and Resolutions of the Town Council relating to the affairs
of the Town when not otherwise provided for by this Charter
or by any Ordinance or Resolution of the Town Council. He
shall pay over to the Town Treasurer at least monthly, as
hereinbefore provided, and oftener if required by the Town
4
1316 Chapter 457
Council, all moneys received or collected by him and by any
employee under his supervision.
(k) He shall keep a full and strict account of all moneys
received and all disbursements made by him and such ac-counts
shall, at all times, be open to inspection to the Town
Council.
(1) He shall give to The Town of Millsboro a bond, if re-quired
by the Town Council, in such sum and in form with
security satisfactory to the Town Council for the faithful
performance of the duties of his office and the restoration to
the Town of Millsboro, in case of his death, resignation, or
removal from office all books, papers, vouchers, money and
other property of whatever kind in his possession belonging
to the Town.
In the event of a vacancy in the office of the Town
Manager for any reason or reasons whatsoever, the duly ap-pointed
and qualified successor to that office shall succeed to
all the rights, privileges and powers theretofore reposed in
his predecessor or predecessors in office in the same manner
as though all acts, deeds and steps theretoforc taken by any
such predecessor or predecessors with respect to any matter
or thing pertaining to said office had been taken or per-formed
by the successor to such office.
Upon the death, resignation, or removal from office
of the Town Manager, the Town Council shall appoint some
suitable person, who may be an elected or appointed official
of The Town of Millsboro, to perform the duties of Town
Manager; provided, however, such person shall not serve for
a period exceeding ninety (90) days &oil the date of his ap-pointment.
TOWN SOLICITOR
Section 21. The Mayor of The Town of Millsboro
with the advice and consent of a majority of the elected
members of the Town Council, shall select and appoint a
Chapter 457 1317
Town Solicitor for an indefinite term who shall be removable
at the pleasure of the Town Council of The Town of
Millsboro either with or without due cause stated. The Town
Solicitor shall be a member in good standing of the Bar of
the State of Delaware, with offices in Sussex County. It shall
be his duty to give legal advice to the Town Council and
other officers of the Town and to perform other legal ser-vices
as may be required of him by the Town Council.
BOARD OF HEALTH
Section 22. (a) The Board of Health shall consist of
four (4) members, one of whom shall be a practicing physi-cian.
The Board shall be appointed by the Mayor of The
Town of Millsboro with the advice and consent of a majority
of the elected members of the Town Council at the annual
meeting hereinbefore provided, and shall serve for one (1)
year or until their successors are duly appointed and
qualified. The Board of Health shall have cognizance of and
interest in the life and health of the people of the Town. The
Board shall report to the Town Council in writing whatever
is deemed by the Board to be injurious to the health of the
people of the Town and shall make recommendations to the
Town Council concerning whatever may contribute to the
health and sanitation of the citizens of The Town of
Millsboro. The Board shall organize by the election of a
Chairman and Secretary within ten (10) days after notice of
their appointment and shall keep a record of their pro-ceedings
and acts. The Secretary shall be the executive of-ficer
of the Board.
The Secretary of the Board may be allowed a
reasonable annual compensation for his services, which shall
be determined by the Town Council and no other compensa-tion
shall be paid to the Secretary for his services as such.
The Secretary may or may not be a member of the Board of
Health appointed by the Mayor, but he shall be a resident of
The Town of Millsboro.
The Board of Health shall have the power to recom-
1318 Chapter 457
mend the adoption of ordinances relating to the health of the
population of the Town or to prevent the introduction or
spread of infectious or contagious diseases or nuisances af-fecting
the same and such ordinances, when adopted by the
Town Council, shall extend te an area outside the Town
limits for a distance of one (1) mile.
POLICE FORCE
Section 23. (a) The Town Council shall, from time
to time, make such rules and regulations as may be necessary
for the organization, government and control of the police
force. The police force shall preserve peace and order and
shall compel obedience within the Town limits to the Or-dinances
of the Town and the laws of the State of Delaware.
The police force shall have such other duties as the Town
Council shall, from time to time, prescribe. The Chief of
Police and the members of the police force shall be subject to
the direction of the Town Manager acting in behalf of the
Town Council.
Each member of the police force shall have police
powers similar to those of constables and shall be conser-vators
of the peace throughout the Town of Millsboro, and
they shall supress all acts of violence and enforce all laws
relating to the safety of persons and property. They shall
compel the enforcement of all laws enacted by the Town
Council of The Town of Millsboro. In the case of a pursuit
of an offender, the power and authority of the police force
shall extend outside the territorial limitations of The Town
of Millsboro.
Every person sentenced to imprisonment by the
Alderman or the Assistant Alderman or a Justice of the
Peace, as the case may be, shall be delivered by a member of
the police force to the correctional institution located in
Sussex County to be there imprisoned for the term of his
sentence.
In the case of an arrest at any time when the Alder-
Chapter 457 1319
man or the Assistant Alderman of The Town of Millsboro
shall not be available or if no such Alderman or Assistant
Alderman has been appointed, the person arrested may be
taken before the nearest Justice of the Peace with officers in
Sussex County who shall hear and determine the charge, and
who, in such case, is vested with all the authority and powers
granted by this Charter under the Alderman or the Assistant
Alderman. In the case of an arrest at a time when the Alder-man
or the Assistant Alderman or the Justice of the Peace
shall not be available to hear and determine the charge, the
person arrested may be delivered to the correctional institu-tion
located in Sussex County for imprisonment until such
reasonable time thereafter as shall enable the Alderman or
Assistant Alderman or the Justice of the Peace to hear and
determine the charge against such person.
(e) It shall be the duty of the police force to suppress
riotous, disorderly or turbulent assemblages of persons in
the streets of the Town or the noisy conduct of any person in
the same, and upon the view of the above or upon view of
the violation of any Ordinances of the Town relating to
peace and good order thereof, the police force shall have the
right and power to arrest without warrant.
ANNUAL AUDIT
Section 24. At the annual meeting hereinbefore pro-vided,
the Mayor, with the advice and consent of a majority
of the elected members of the Town Council, shall appoint
an accountant to be the auditor of accounts of The Town of
Millsboro. It shall be the duty of the auditor to audit the ac-counts
of the Town and all its officers whose duty involves
the collection, custody and payment of moneys to the Town.
The auditor shall audit the books of the Alderman and the
Assistant Alderman of The Town of Millsboro the records of
all fines, penalties, costs imposed or collected by him pur-suant
to any judgment, order or decree made. The auditor
shall on or before the expiration of ninety (90) days from the
end of the fiscal year annually make and deliver a detailed
report of any and all accounts, records, and books by them
1320 Chapter 457
examined and audited which report under his hand and seal
shall be printed in a newspaper having a general circulation
in the Town in the issue immediately preceding the annual
report. The auditor, in the performance of his duties, shall
have access to all records and accounts of the offices of the
Town Council and he is hereby authorized and empowered
to employ such clerks as in his judgment may be necessary in
the proper performance of his duties.
BOARD OF ASSESSMENT
Section 25. (a) The Board of Assessment shall be
appointed by the Mayor of The Town of Millsboro, with the
advice and consent of a majority of the elected members of
the Town Council for an indefinite term. The Board of
Assessment shall consist of three (3) members, all of whom
shall be over the age of twenty-one (21) years, bona fide
residents of The Town of Millsboro and freeholders of the
Town.
They shall be sworn or affirmed by the Mayor of
The Town of Millsboro or by a Notary Public to perform
their duties with fidelity and without favor. It shall be their
duty to make a fair and impartial assessment of property and
persons subject to taxation situtate within the corporate
limits of the Town and to perform such other duties and
reference thereto as shall be prescribed from time to time by
the Town Council of The Town of Millsboro. Compensation
to be by them received for the performance of their duties in
the hiring of employees to assist them in the performance of
their duties shall be fixed by and subject to the approval of
the Town Council of The Town of Millsboro.
In making such assessment, the rules and exemptions
now applicable by law to the making of the assessment for
Sussex County of persons and property shall be applicable
insofar as consistent with the provisions of this Charter.
ASSESSMENT OF TAXES
Chapter 457 1321
Section 26. The Board of Assessment shall, within
ninety (90) days prior to the beginning of the next fiscal
year, make a just, true and impartial annual valuation or
assessment of all real estate and improvements located
thereon located within The Town of Millsboro. All real
estate shall be described with sufficient particularity to be
identified. Real estate shall be assessed to the owner or
owners if he or they be known. If the owner or owners of
real estate cannot be found or ascertained, it may be
assessed to "Owner Unknown." A mistake in the name of
the owner or owners or a wrong name or an assessment to
"Owner Unknown," shall not affect the validity of the
assessment of any municipal tax or assessment based
thereon; Provided, however, the assessment shall specify
the last record owner or owners thereof as the same shall
appear from the records in the Office of the Recorder of
Deeds, in and for Sussex County. The Board of Assess-ment
shall also make a personal assessment of all male
and female citizens of the Town above the age of Eighteen
(18) years, whether an owner of real estate or not; said
personal assessment shall be determined by the Town Cou-ncil
and certified to the Board of Assessment. Said per-sonal
assessment or per capita tax shall be in addition to
the assessment levied on real estate owned or assessed by
any person or persons whomsoever.
The Board of Assessment, after making such annual
assessment, shall, at least ninety (90) days prior to the end of
the fiscal year, deliver to the Town Council of The Town of
Millsboro a list containing the names of all persons assessed
and the amount of assessment against each. They shall also
deliver at such time as many copies of said list as the Town
Council shall direct.
The annual assessment shall distinguish the real and
personal assessment of each person and shall also be ar-ranged
so that the land, the improvements thereon, and the
per capita assessment shall appear in separate columns or
spaces. In making this assessment, the Board shall make its
valuation accordingly.
I 31.' Chapter 457
The real property of the several members of the
Board of Assessment shall be assessed by the Town Council
of The Town of Millsboro.
Immediately upon receiving the annual assessment
list from the Board of Assessment, the Town Council of The
Town of Millsboro shall cause a full and complete copy of
the same, containing the amount assessed to each taxable to
be hung in a public place in The Town of Millsboro and there
it shall remain for a period of at least ten (10) days for the in-formation
of and examination by all concerned. Appended
thereto and also in five (5) or more public places in said
Town shall be posted notices advertising to all concerned
that, upon a certain day mentioned therein and not earlier
than ten (10) days after the date of posting of the true and
correct copy of the annual assessment list and notices that, at
the next regular meeting of the Town Council, the Town
Council will hold a court of appeals at which time and place
they shall hear appeals from the said annual assessment. The
decision of the Town Council sitting as the Board of Appeals
shall be final and conclusive and said Town Council shall
revise and complete said assessment at this sitting. No
member of the Town Council shall sit upon his own appeal
but the same shall be heard and determined by the other
councilmen.
All the members of the Board of Assessment shall be
present on the day fixed for hearing appeals and shall furnish
to the Town Council such information and answer such
questions as the Town Council may require in respect to any
assessment for which an appeal has been taken. The Town
Council shall have the authority to enforce the attendance of
the Board of Assessment by appropriate process.
LEVY OF ANNUAL TAXES
Section 27. (a) At the last regular meeting in the
fiscal year, after having revised and completed the assess-men
t , the Town Council shall determine, in its best judgment
and knowledge, the total amount necessary to be raised by
the Town to meet the fixed and anticipated expenses and
Chapter 457 1323
obligations of the Town, including reasonable and ap-propriate
reserves, for the then current fiscal year as set forth
in the Town Budget for such year plus a reasonable amount
to cover unanticipated expenses and emergencies.
(b) The Town Council should then proceed to deter-mine,
in its sole discretion, from which sources of the
authorized revenues of the Town the amount so determined
by them shall be raised and, within the limits prescribed by
this Charter with respect to any such source, the amount to
be raised from each such source. They shall then proceed to
determine, assess, fix and/or levy as follows:
The rate of tax on real estate including im -
provements thereon per One Hundred Dollars ($100.00) of
the assessed value; and/or
The amount of personal or per capita tax upon each
citizen of the Town over the age of eighteen (18) years;
and/or
The rate of tax upon all poles, construction, erec-tions,
wires and appliances more particularly mentioned, or
intended so to be in Section 30 of this Charter as amended;
and/or
The several license fees to be charged for carrying on
or conducting of the several businesses, professions or oc-cupations
more particularly mentioned or intended so to be
in Section 30 of this Charter, as amended; and/or
The several rates to be charged for furnishing water
service, sewer service, electric service, gas service, front
footage assessment; and/or
The fees or rates to be charged in respect to any other
authorized source of revenue sufficient to their judgment
and estimation to realize the amount to be raised from each
such source determined by them to be used as foresaid;
132.4 Chapter 457
PROVIDED, HOWEVER, that sources (4), (5) and (6)
aforementioned may be determined, fixed, assessed, levied
and/or altered or changed upon other than a fiscal year basis
and that any regular or special meeting of the Town Council
as the Town Council, in its own proper discretion, shall
determine.
Immediately after the last regular meeting prior to
the end of the fiscal year of each and every year, the Town
Council shall make, or cause to be made, a full, true and cor-rect
Annual Tax List showing the amount of tax levied
against each taxable thereon from sources (1), (2) and (3)
abovementioned. This list shall be known as the Annual Tax
List of' The Town of Millsboro. In addition to the informa-tion
contained in the assessment list, it shall also contain in-formation
as to the rate of tax upon real estate for each One
Hundred Dollars ($100.00) of assessed valuation thereof.
The Town Council shall cause to be delivered to the
Town Manager a duplicate of said Annual Tax List and the
Town Manager shall immediately proceed to collect the same
as hereinafter provided.
Nothing contained in this Charter shall be construed
to affect or impair in any way the validity of any tax, fee,
assessment or other charge lawfully levied, assessed or due
The Town of Millsboro under existing laws in reference to
said Town and the same are hereby declared to be valid, bin-ding
and vested in The Town of Millsboro created hereby.
COLLECTION OF ANNUAL TAXES
Section 28. (a) The Town Manager, as soon as the Town
Council shall have placed in his hands a duplicate Annual
Tax List, shall proceed at once to collect the taxes on said
duplicate list.
(b) All taxes so laid or imposed by The Town of
Millsboro in such Annual Tax List shall be and constitute a
Chapter 457 1325
lien upon all the real estate of the taxable for a period of ten
(10) years against or upon whom such taxes are laid or im-posed,
of which such taxable was seized or possessed at any
time after such taxes shall have been levied and imposed that
is situate within The Town of Millsboro. Such lien shall have
preference and priority to all other liens on such real estate,
as aforesaid, created or suffered by the said taxable,
although such lien or liens be of a time and date prior to the
time of the attaching of such lien of taxes.
All taxes, when and as collected by the Town
Manager, shall be paid to The Town of Millsboro, and all
taxes shall be due and payable at and from the time of the
delivery of the Annual Tax List to the Town Manager.
All taxes shall be payable at the Town Office of The
Town of Millsboro during the regular business hours of that
office.
In the collection of said taxes, there shall be an
abatement of Five Percent (5%) on any taxes paid on or after
the first day of the fiscal year next succeeding the delivery of
the duplicate Annual Tax List to the Town Manager and
prior to the expiration of ninety (90) days from the beginning
of said fiscal year. On all taxes paid on or after the expira-tion
of ninety (90) days next succeeding the delivery of the
duplicate Annual Tax List to the Town Manager there shall
be added interest at the rate of one-half of one percent (.5%)
per month and an additional sum of one percent (1%) per
month as a penalty for each month or fraction thereof such
taxes shall remain unpaid and said penalty shall be collected
in the same manner as the original -amount of the tax. The
Town Council shall have the power to make just allowances
for delinquencies in the collection of taxes. All taxes unpaid
after the expiration of' ninety (90) days from the beginning of
the fiscal year of The Town of' Millsboro shall be considered
delinquent. In electing a collection of any delinquent tax the
Town Council may impose a collection charge charge not to
exceed eighteen percent (18%) of the amount of the tax and
any interest or penalty imposed thereon.
1326 Chapter 457
At the annual meeting of the Town Council of each
year, the Town Manager shall account to the Town Council
for all taxes and sewer rentals collected by him during the
year and shall be liable on his bond for failure to account for
any uncollected taxes or sewer rentals unless he can show to
the satisfaction of the Town Council that all remedies per-mitted
for the collection of said taxes were pursued without
result or, if not pursued the remedies would have been
without avail.
The Town Manager, when any tax has become delin-quent,
may, in the name of The Town of Millsboro, institute
suit before any Justice of the Peace or in the Court of Com-mon
Pleas of the State of Delaware, in and for Sussex Coun-ty,
or in the Superior Court of the State of Delaware, in and
for Sussex County, for the recovery of the unpaid tax in an
action of debt, and upon judgment obtained, may sue out
writs of execution as in case of other judgments recovered
before a Justice of the Peace or in the Court of Common
Pleas, or in the Superior Court as the case may be.
However, should the Town Manager so elect, he is
empowered to sell the lands and tenements of the delinquent
taxpayer or the lands and tenements of a delinquent taxpayer
alienated subsequent to the levy of the tax by the following
procedure:
(1) The Town Manager shall present in the name of The
Town of Millsboro to the Superior Court of the State of
Delaware, in and for Sussex County, a petition in which shall
be stated:
The name of the taxable;
The year for which the tax was levied;
The rate of tax;
The total amount due;
Chapter 457 1327
The date from which interest and the penalty for
nonpayment shall commence and the rate of such interest
and penalty and any collection charge permitted;
A reasonable, precise description of the lands and
tenements proposed to be sold;
A statement that the bill of said tax has been mailed
to the taxable at his last known post office address with
return receipt requested by certified mail and postage
prepaid;
That it has been found impractical to attempt to col-lect
the said tax by any other remedy hereinbefore provided.
The petition shall be signed by the Town Manager and shall
be verified before a Notary Public.
A least ten (10) days prior to the filing of any such
petition as described herein, the Town Manager shall deposit
in the mail in a sealed and stamped envelope and addressed
to the taxable at his last known address requiring a registered
receipt returnable, an itemized statement of the tax due,
together with all interest, penalties, collection charges, and
costs then due thereon, together with a notice to the delin-quent
taxpayer that he shall proceed to sell the lands and
tenements of the taxpayer for the payment of the tax. The
Town Manager shall exhibit the return registry receipt to the
Court by filing the same with the petition; provided,
however, that if the taxpayer cannot be found, it shall be suf-ficient
for the Town Manager to file with said petition the
evidence that such statement has been mailed in accordance
with this Subsection and has been returned.
Upon the filing of the petition, the Prothonary shall
record the same in a property indexed record of the Superior
Court, in and for Sussex County, and shall endorse upon the
said record of said petition the following: "This petition,
filed the of
A,D, , and the Town Manager of The Town of
1328 Chapter 457
Millsboro is hereby authorized to proceed to sell the lands
and tenements herein mentioned or a sufficient part thereof
as may be necessary for the payment of the amount due."
This endorsement shall be signed by the Prothonotary.
Any sales of lands and tenements of a delinquent
taxpayer shall be advertised in five (5) public places in The
Town of Millsboro, one of said public places shall be the
Town Office and by printing the notice of said sale at least
one (1) time in a newspaper of general circulation in the
Town. The notice shall contain the day, hour, place of sale
and a short description of the premises sufficient to identify
the same. The handbills shall be posted at least ten (10) days
before the day fixed for the sale and the newspaper advertise-ment
shall be published at least one

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- EIGHTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 14, A. D.
1975
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A. D.
1976
PART II
VOLUME LX